Madras High CourtWP(MD)/21426/2016disposed of

C.Selvaraj v. The Principal Secretary

2016-11-10Honourable Dr. Justice S. Vimala3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 10.11.2016

CORAM:

THE HONOURABLE DR.JUSTICE S.VIMALA W.P(MD)No.21426 of 2016 C.Selvaraj : Petitioner Vs.

1.The Principal Secretary, Tamil Nadu State Transport Department, St. George Fort, Secretariat, Chennai - 600 009.

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

3.The Managing Director, The Tamil Nadu State Transport Corporation (Tirunelveli) Ltd., Nagercoil Region, Tirunelveli District - 627 003.

4.The General Manager, The Tamil Nadu State Transport Corporation, Nagercoil Region, Ranithottam, Nagercoil, Kanyakumari District.

5.The Branch Manager, The Tamil Nadu State Transport Corporation, Kanyakumari Branch, 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 pay the retirement benefits of petitioner such as gratuity and earn leave salary with the interest at the rate of 18% per annum within the time limit that may be fixed by this Court.

For Petitioner : Mr.S.Balamurugan For Respondent No.1 : Mr.T.S.Mohammed Mohideen, Additional Government Pleader.

For Respondent No.2 : Mr.A.P.Muthupandian For Respondents 3 to 5: Mr.K.Sathiyasingh

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 Senior Grade Driver in the respondent Corporation and he retired from service on 31.05.2014 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. 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(CO) /True Copy/ Sub Assistant Registrar

To The Principal Secretary, Tamil Nadu State Transport Department, St. George Fort, Secretariat, Chennai - 600 009.

Copy to:- 1.The Administrator, The Tamil Nadu State Transport Corporation Pension Fund Trust, Thiruvalluvar House, Pallavan Salai, Chennai - 600 002.

2.The Managing Director, The Tamil Nadu State Transport Corporation (Tirunelveli) Ltd., Nagercoil Region, Tirunelveli District - 627 003.

3.The General Manager, The Tamil Nadu State Transport Corporation, Nagercoil Region, Ranithottam, Nagercoil, Kanyakumari District.

4.The Branch Manager, The Tamil Nadu State Transport Corporation, Kanyakumari Branch, Kanyakumari District.

+1cc to Mr.K.Sathiyasingh, Advocate in SR No.68163 +1cc to Mr.S.Balamurugan, Advocate in SR No.68459 +1cc to the Spl.Govt.Pleader in SR No.67908 W.P(MD)No.21426 of 2016 SMN ANR/KM/08.12.2016/3P/9C