A.Rahamathullakhan v. The Geneal Manager
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 19.10.2016
CORAM:
THE HONOURABLE DR.JUSTICE S.VIMALA W.P(MD)No.19910 of 2016 A.Rahamathullakhan : Petitioner Vs.
1. The General Manager, Tamil Nadu State Transport Corporation (Madurai) Ltd., Dindigul Region, Collector Office (P.O), Dindigul - 4.
2. The Administrator, Tamil Nadu State Transport Corporation Pension Fund Trust, Thiruvalluvar Illam, Pallavan Salai, Chennai - 600 002.
: Respondents PRAYER:
Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the respondents to settle petitioner's retirement benefits including Provident Fund, Gratuity, Commutation of Pension, IRT Share Amount of Rs.2,500/-, Employees Welfare Fund, Earned Leave Surrender Wages for 15 days due to the period of 2012 and 2013, Medical Leave Wages for 63 days as on 01.09.1998 and Earned Leave Wages for 201.5 days payable to him with 16% rate of interest within the time that may be stipulated by this Court. For Petitioner : Mr.G.M.Xavier For Respondent No.1 : Mr.A.jayaraman For Respondent No.2 : Mr.A.P.Muthupandian
O R D E R
You can be young without money but you can't be old without it. ..Tennessee Williams The petitioner was employed as Senior Grade Tradesman in the respondent Corporation and he retired from service on 31.08.2016 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. https://hcservices.ecourts.gov.in/hcservices/ 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. 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 the First 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;
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 (CS-II) /True Copy/ Sub Assistant Registrar To
1. The General Manager, Tamil Nadu State Transport Corporation (Madurai) Ltd., Dindigul Region, Collector Office (P.O), Dindigul - 4.
2. The Administrator, Tamil Nadu State Transport Corporation Pension Fund Trust, Thiruvalluvar Illam, Pallavan Salai, Chennai - 600 002.
+ 1 CC TO Mr.G.M.XAVIER, ADVOCATE IN SR No. 61598 SMN TE/CK : 08/11/2016 : 2P/4C ORDER MADE IN W.P(MD)No. 19910 of 2016 19.10.2016 https://hcservices.ecourts.gov.in/hcservices/