Madras High CourtWP(MD)/23870/2016disposed of

R.Thiyagarajan, v. The Tamil Nadu State Transport

2016-12-14Honourable Mr Justice S. Vaidyanathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 14.12.2016 CORAM :

THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN W.P(MD)No.23870 of 2016 R.Thiyagarajan

...Petitioner

vs.

1)The Tamil Nadu State Transport Corporation (Madurai) Limited, Represented by its Managing Director, Madurai. 2)The Administrator, The Tamil Nadu State Transport Corporation Pension Fund Trust, Thiruvalluvar House, 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 his entire eligible terminal benefits payable to the petitioner including Provident Fund, Gratuity, Commuted Value of Pension and Leave Salary together with interest at the rate of 18% per annum from the date of his retirement to till the date of payment within the time that may be stipulated by this Hon'ble Court.

For Petitioner : Mr.A.Rahul For Respondent No.1 : Mr.A.Jeyaram

ORDER

The petitioner was employed as Non-IT Helper in the respondents Corporation and he retired from service on 31.05.2016, 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 instalments 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 instalments. 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 instalments; ii)The first installment shall commence by making payment on or before the 10th February 2017 and the amount in each of the https://hcservices.ecourts.gov.in/hcservices/

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 instalments, 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/- Deputy Registrar /True Copy/ Sub Assistant Registrar(CS) Madurai Bench of Madras High Court, Madurai-23.

To 1)The Managing Director, Tamil Nadu State Transport Corporation (Madurai) Limited, Madurai.

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

+1cc to M/s.A.Rahul, Advocate in SR.80723 W.P(MD)No.23870 of 2016 14.12.2016 nbi PBK 10/01/2017 ::2P-4C:

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