K.Muthusamy v. The Tamil Nadu State
BEFORE THE MADURAI BENCH OF MADRAS HIGH COUT DATED : 01.11.2016 CORAM :
THE HONOURABLE DR.JUSTICE S.VIMALA W.P(MD)No.20867 of 2016 K.Muthusamy .. Petitioner Vs.
1.The Tamil Nadu State Transport Corporation (Kumbakonam) Ltd., Rep. by its Managing Director, Karaikudi Region, 27, New Railway Station Road, Kumbakonam.
2.The General Manager, Tamil Nadu State Transport Corporation (Kumbakonam) Ltd., Karaikudi Region, Maruthupathi, Karaikudi, Sivagangai.
3.The Administrator, The Tamil Nadu State Transport Corporation Pension Fund Trust, Thiruvalluvar House, Pallavan Salai, Chennai.
.. Respondents Petition filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Mandamus, directing the respondents to settle the petitioners retirement benefits including Commutation of Pension and other benefits payable to him as per the settlement dated 13.04.2015 U/s. 12(3) of I.D. Act w.e.f. 01.09.2013 based on his representation dated 22.07.2016 with reasonable rate of interest within the time that may be stipulated by this Court.
For Petitioner : Mr.G.M.Xavier For Respondents 1 and 2: Mr.D.Sivaraman For Respondent No.3 : Mr.A.P.Muthupandian
ORDER
You can be young without money but you can't be old without it. ..Tennessee Williams The petitioner was employed as Special Grade Driver in the respondent Corporation and he retired from service on 30.11.2014 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. 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 January, 2017 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 (AS) /True Copy/ Sub Assistant Registrar
smn +1CC to Mr.G.M.Xavier, Advocate Sr.No.64621 +1CC to Mr.P.Sivaraman, Advocate Sr.No.64975 GJM/CK/10.11.16-3p-3C ORDER MADE IN W.P(MD)No.20867 of 2016 01.11.2016