K.Alfred, v. The Manaing Director,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 26.10.2016
CORAM:
THE HONOURABLE DR.JUSTICE S.VIMALA W.P(MD)No.20778 of 2016 K.Alfred : Petitioner Vs.
1.The Managing Director, Tamil Nadu State Transport Corporation (Tirunelveli) Ltd. No.19, Trivandrum Road, Vannarpettai Post, Tirunelveli - 627 003.
2.The General Manager, Tamil Nadu State Transport Corporation (Tirunelveli) Ltd., Nagercoil Region, Rani Thottam, Nesamony Nagar, Nagercoil - 629 001, Kanyakumari District.
: 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 disburse the amount of sanctioned leave salaries and the pension amount for 3 months (April to June 2013) payable to the petitioner, husband of late J.Rengitham, Superintendent, EDP No.681 expired on 02.04.2013.
For Petitioner : Mr.C.K.M.Appaji For Respondents 1 and 2 : Mr.K.Sathiya Singh
O R D E R
You can be young without money but you can't be old without it. ..Tennessee Williams The petitioner's wife was employed as Superintendent in the respondent Corporation and she died in harness on 02.04.2014. 2.He has filed this writ petition seeking for a direction to the respondents to pay the retirement benefits, of his wife. 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:- https://hcservices.ecourts.gov.in/hcservices/
i)A direction is issued to the transport corporation to settle the terminal benefits of the wife 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[Records] /True copy/ Sub Assistant Registrar smn TO:
1.The Managing Director, Tamil Nadu State Transport Corporation (Tirunelveli) Ltd. No.19, Trivandrum Road, Vannarpettai Post, Tirunelveli - 627 003.
2.The General Manager, Tamil Nadu State Transport Corporation (Tirunelveli) Ltd., Nagercoil Region, Rani Thottam, Nesamony Nagar, Nagercoil - 629 001, Kanyakumari District.
1CC TO MR. CKM. APPAJI, ADVOCATE SR: 64840 1CC TO MR. K. SATHIYA SINGH, ADVOCATE SR: 64286 AM SK SKN SAR 1 17 11 2016 ORDER MADE IN W.P(MD)No.20778 of 2016 2P:5C https://hcservices.ecourts.gov.in/hcservices/