P.Kalyani v. Tamil Nadu State Transport
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 17.11.2016 CORAM :
THE HONOURABLE DR.JUSTICE S.VIMALA W.P(MD)No.21976 of 2016 P.Kalyani ... Petitioner vs.
1)The Tamil Nadu State Transport Corporation (Madurai) Ltd., Rep. by its Managing Director, Bye Pass Road, Madurai-625016.
2)Financial Advisor & Chief Accounts Officer, The Tamilnadu State Transport Corporation (Madurai) Ltd., Bye Pass Road, Madurai-625016.
3)The Administrator, Tamil Nadu State Transport Corporation Employees Pension Fund Trust, Thiruvalluvar Illam, Pallavan Salai, Chennai-600 002.
... Respondents Petition filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Mandamus, directing the Respondents to pay the terminal benefits amount payable to the petitioner including Provident Fund, Gratuity, Commuted Value of Pension, Unavailed Leave Salary, Service Surrender Leave salary and Dearness Allowance arrears together with 18% interest from the date of his retirement i.e. 31.05.2016 to till the date of payment and all other attendant benefits to the petitioner within the stipulated period.
For Petitioner : Mr.A.Rahul For R1 & R2 : Mr.A.Jayaram For R3 : Mr.A.P.Muthupandian
ORDER
The petitioner was employed as Special Grade Driver in the respondents Corporation and he retired from service on 31.05.2016 on attaining 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 https://hcservices.ecourts.gov.in/hcservices/
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 the 10th 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 +1cc to Mr.A.K.Thangavelu Advocate Sr.No.69917 nbi SH/EM:14.12.2016:2P/2C W.P(MD)No.21976 of 2016 17.11.2016 https://hcservices.ecourts.gov.in/hcservices/