T.R.Vijayalakshmi v. The Managing Director,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.10.2016 CORAM :

THE HON'BLE Dr.JUSTICE S.VIMALA W.P(MD)No.20288 of 2016 T.R.Vijayalakshmi ... Petitioner Vs.

1.The Managing Director, Tamil Nadu State Transport Corporation Kumbakonam Limited, Railway Station Road, Kumbakonam, Thanjavur District.

2.The General Manager, The Tamil Nadu State Transport Corporation, Kumbakonam Limited, Periyamilaguparai, Trichy.

3.The Administrator, Tamil Nadu State Transport Corporation Employees Pension Fund Trust, Thiruvalluvar House, Pallavan Salai, Chennai - 600 002.

... Respondents Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus directing the Respondents to settle payment of a) Payment of Gratuity Rs.4 86 435/- b) Earned Leave Rs.12 891/- c) Medical Leave & Old medical Leave d) Provident Fund e) Arrears of Dearness Allowance f) Family Pension Arrears from December 2015 to July 2016 and other retiral benefits payable to the petitioner with reasonable rate of interest within the time frame that may be stipulated by this Court.

For Petitioner : Mr.N.Sudhagar Nagaraj For RR - 1 & 2 : Mr.D.Sivaraman For R - 3 : 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 https://hcservices.ecourts.gov.in/hcservices/ The husband of the petitioner was employed as Special Grade Driver, in the respondent corporation and he died on 12.11.2015

before attaining 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:- (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 (CS-I) /True Copy/ Sub Assistant Registrar +1CC to Mr.N.Sudhagar Nagaraj, Advocate Sr.No.63191 +1CC to Mr.D.Sivaraman, Advocate Sr.No.62786 W.P(MD)No.20288 of 2016 21.10.2016 SMA/SKS/RR/25.11.16-2p-3C https://hcservices.ecourts.gov.in/hcservices/