Madras High CourtWP(MD)/1981/2016disposed of

P.Alagarsamy v. The Management Of State

2016-02-01Honourable Mrs Justice Pushpa Sathyanarayana2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:01.02.2016

CORAM:

THE HONOURABLE MRS.JUSTICE PUSHPA SATHYANARAYANA W.P(MD)No.1981 of 2016 P.Alagarsamy ... Petitioner Vs.

1.The Management of State Express Transport Corporation (Tamilnadu) Ltd., Rep. By it's Managing Director, Pallavan Salai, Chennai-2, 2.The General Manager, State Express Transport Corporation (Tamilnadu) Ltd., Pallavan Salai, Chennai-2.

3.The Branch Manager, Madurai Branch of State Express Transport Corporation (Tamilnadu) Ltd., Madurai. ... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the Respondents to provide all service retirement benefits with other benefits mentioned in W.P.10716/2011, dated 22.06.2012 by this Hon'ble court to provide same pay protection, continuity of service and all other attendant benefits according to Section 47 (I) of the persons with disabilities (equal Opportunities, protection of Rights and full participation) Act 1995 to the petitioner within a time stipulated by this Hon'ble Court. For Petitioner : Mr.R.Venkatesan For Respondents : Mr.Sathiasingh

ORDER

The petitioner was employed as Senior Grade Driver in the respondent transport corporation and he retired from service on 31.03.2014.

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 12 equal monthly https://hcservices.ecourts.gov.in/hcservices/

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:- (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 monthly installments.

(ii)The first installment shall commence by making payment on or before 10.03.2016 and the amount in each of the remaining installments shall be paid on or before 10th day 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, 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.

6. The learned counsel for the respondent Corporation says that against certain employees, there are recoverables from them. So, the above payment may be made subject to recoverables from the employees. The petitioner is also agreeable for the same. No costs.

Sd/- Assistant Registrar(AE) /True Copy/ Sub-Assistant Registrar To 1.The Managing Director, State Express Transport Corporation (Tamilnadu) Ltd., Pallavan Salai, Chennai-2, 2.The General Manager, State Express Transport Corporation (Tamilnadu) Ltd., Pallavan Salai, Chennai-2.

3.The Branch Manager, Madurai Branch of State Express Transport Corporation (Tamilnadu) Ltd., Madurai.

+One cc to M/s.R.Venkatesan, Advocate, SR.No.6184 +One cc to M/s.K.Sathiya Singh, Advocate, SR.No.6435 pm RL/6C/AAL/MPA/10/2/2016 W.P(MD)No.1981 of 2016 https://hcservices.ecourts.gov.in/hcservices/ 01.02.2016