Madras High CourtWP(MD)/19217/2016disposed of

A.Thanudhas v. The Managing Director

2016-10-06Honourable Mr Justice M.V. Muralidaran2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 06.10.2016 CORAM :

THE HONOURABLE MR.JUSTICE M.V.MURALIDARAN W.P(MD)No.19217 of 2016 A.Thanudhas ... Petitioner -Vs1. The Managing Director, Tamil Nadu State Transport Corporation (Kumbakonam) Ltd., 2T, Railway Station New Road, Kumbakonam, Thanjavur District.

2. The General Manager, Tamil Nadu State Transport Corporation (Kumbakonam) Ltd., Karaikudi Region, Maruthupathi, Karaikudi, Sivagangai District.

... Respondents PRAYER :

Petition filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Mandamus, directing the respondents to consider the petitioner's representation dated 02.09.2016 to disburse the petitioner monetary benefits which are due to him after retirement within the time as stipulated by this Court.

For Petitioner : Mr.N.Tamil Mani For Respondents : Mr.D.Sivaraman ***

O R D E R

The petitioner was employed in the respondents Corporation and he retired from service on 31.05.2016, on reaching the age of superannuation.

2.He has filed this writ petition seeking for a direction to the respondents to pay the retirement benefits. 3.The First Bench of this Court in similar matter has passed an order dated 12.06.2015 in W.A.(MD) Nos.383 to 457 of 2015, issuing direction to the transport Corporations to settle the terminal benefits of its employees in equal monthly installments and to pay 6% interest on the terminal benefits payable to the workman. The Bench has also held that workman is entitled to 18% interest for the defaulted period of installments. https://hcservices.ecourts.gov.in/hcservices/

4.In these circumstances, this writ petition is disposed of with the following directions:- i)A direction is issued to the transport corporation to settle the terminal benefits of the petitioner that are yet to be settled, in twelve equal monthly installments; ii)The first installment shall commence by making payment on or before 10th of December 2016 and the amount in each of the remaining installments shall be paid on or before 10th of every succeeding month;

iii) The said terminal amount shall carry interest @ 6% per annum, as per the Division Bench judgment referred to above. In case of delay in making installments, the interest payable could be 18% for the delayed period;

iv) The aforesaid direction to settle the terminal benefits would not preclude the workman to question the computation of any of the terminal benefits, if the same is paid lesser than the amount to which, he is entitled to receive. Likewise, if the petitioner has any grievance that he is entitled to interest for the amount already settled, he can agitate the same as per law, if he is entitled. No costs.

Sd/- Assistant Registrar(Crl.Side) /True Copy/ Sub Assistant Registrar To 1cc to Mr.N.Tamilmani in SR No.59609 1cc to Mr.D.Sivaraman in SR No.60463 06.10.2016 W.P(MD)No.19217 of 2016 pmu anr/ss2/25.10.2016/2p/3c https://hcservices.ecourts.gov.in/hcservices/