Madras High CourtWP(MD)/22398/2016disposed of

M.Stephen Alexander v. The General Manager

2016-11-23Honourable Dr. Justice S. Vimala2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23.11.2016

CORAM

THE HON'BLE Dr.JUSTICE S.VIMALA W.P(MD) No.22398 of 2016 M.Stephen Alexander

...Petitioner

-vsThe General Manager, State Express Transport Corporation (Tamil Nadu) Ltd., Pallavan Salai, Chennai - 2.

...Respondent

Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the respondent to pay the petitioner Rs. 3 43 619/- towards leave salary and also arrears of wages for the period from 01.09.13 to 28.02.14 payable pursuant new wage settlement together with 18% interest per annum and also other retirement benefits within a time frame as may be fixed by this Honble Court. For Petitioner .. Mr.R.Murugan For Respondent .. Mr.K.Sathiyasingh

ORDER

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.

The petitioner was employed as Selection Grade Senior Draftsman 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 12 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, the writ petition is disposed of with the following directions:- (i)A direction is issued to the transport corporation to https://hcservices.ecourts.gov.in/hcservices/

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 1st 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.

5.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(CS) To +1cc to Mr.R.Murugan, Advocate in SR.72093 +1cc to Mr.K.Sathiya Singh, Advocate in SR.71950 W.P(MD)No.22398 of 2016 23.11.2016 mj PBK/GSV-PM 14/12/2016 ::2P-3C:

https://hcservices.ecourts.gov.in/hcservices/