Madras High CourtWP(MD)/20944/2016disposed of

V.Sreekumaran Nair v. Tamil Nadu State Transport

2016-11-01Honourable Dr. Justice S. Vimala2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 01.11.2016

CORAM:

THE HONOURABLE DR.JUSTICE S.VIMALA W.P(MD)No.20944 of 2016 V.Sreekumaran Nair : Petitioner Vs.

The Tamil Nadu State Transport Corporation (Tirunelveli) Ltd. Nagercoil Division, rep. by its Managing Director, Vannarpet, Tirunelveli.

: Respondent 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 the terminal benefits of gratuity amount of Rs.5,41,873/- Surrender of earned leave 240 days and medical leave 89 days amount of Rs.3,34,351/- altogether a sum of Rs.8,76,224/- with interest at the rate of 6% per annum taking into consideration of the representation of the petitioner dated 05.10.2016.

For Petitioner : Mr.D.Soundarraj For Respondent : Mr.K.Sathiyasingh

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 Special Grade Tradesman in the respondent Corporation and he retired from service on 28.02.2014 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. https://hcservices.ecourts.gov.in/hcservices/

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(CS II) /True copy/ Sub Assistant Registrar +1cc to M/s.D.Soundaraj, Advocate SR.NO.64337/16 +1cc to M/s.K.Sathiyasingh, Advocate SR.No.64931/16 smn sm:sks-rr:09/11/2016:3P/3C ORDER MADE IN W.P(MD)No.20944 of 2016 1/3 https://hcservices.ecourts.gov.in/hcservices/