Madras High CourtWP(MD)/19707/2016disposed of

Karuppayee, W/O.Venkatraj v. The General Manager

2016-10-07Honourable Dr. Justice S. Vimala2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 07.10.2016 CORAM :

THE HON'BLE Dr.JUSTICE S.VIMALA W.P(MD)No.19707 of 2016 Karuppayee ... Petitioner Vs.

The General Manager, Tamil Nadu State Transport Corporation (Madurai) Ltd., Dindigul Region, Dindigul.

... Respondent Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of mandamus to direct the respondent to pay the gratuity, surrender leave salary and other retirement benefits to the petitioners with adequate interest within the time stipulated by this Court.

For Petitioner : Mr.R.Alagumani For Respondent : Mr.A.P.Muthupandian

O R D E R

The petitioner was employed as an Office Assistant in the respondent corporation and she retired from service on 31.07.2016 on reaching the age of superannuation.

2.She 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 12 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. 4.In these circumstances, the writ petition is disposed of with the following directions:- https://hcservices.ecourts.gov.in/hcservices/ (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 1st week 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.

5.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, she is entitled to receive. Likewise, if the petitioner has any grievance that she is entitled to interest for the amount already settled, she can agitate the same as per law, if she is entitled. No costs.

Sd/- Assistant Registrar(AE) /True Copy/ Sub Assistant Registrar mj +1cc to Mr.R.Alagumani Advocate Sr.No. 60691 JAM/14.11.16/GSV-PM/ 2p-2c W.P(MD)No.19707 of 2016 07.10.2016 https://hcservices.ecourts.gov.in/hcservices/