E.Swamikkan Devathunai v. The Managing Director

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 08.11.2016

CORAM:

THE HONOURABLE DR.JUSTICE S.VIMALA W.P(MD)No.21400 of 2016 E.Swamikkan Devathunai : Petitioner Vs.

1.The Managing Director, Tamil Nadu State Transport Corporation Tiruenlveli Limited, Tiruenvleli - 627 003.

2.The Administrator, Tamilnadu State Transport Corporation Employees Pension Fund Trust, Thiruvalluvar Illam, Pallavansalai, 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 pay the retirement benefits with interest to the Petitioner in view of the representation dated 14.10.2016.

For Petitioner : Mr.S.Royce Immanuel For Respondent No.1 : Mr.K.Sathiyasingh 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 So pleads the petitioner, praying for disbursement of retirement benefits.

2.The petitioner was employed as Special Grade Driver in the respondent Corporation and he retired from service on 31.03.2015 on reaching the age of superannuation.

3.He has filed this writ petition seeking for a direction to the respondents to pay the retirement benefits. https://hcservices.ecourts.gov.in/hcservices/

4.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. 5.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-I) /True Copy/ Sub Assistant Registrar smn +1CC to Mr.S.Royce Immanuel, Advocate Sr.No.67698 +1CC to Mr.K.Sathiya Singh, Advocate Sr.No.67747 GJM/DB/24.11.2016-2p-3C ORDER MADE IN W.P(MD)No.21400 of 2016 08.11.2016 (21/23) https://hcservices.ecourts.gov.in/hcservices/