Madras High CourtWP(MD)/23898/2016disposed of

K.Chellathevan, v. The Managing Director,

2016-12-12Honourable Mr Justice R.Subbiah2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 12.12.2016

CORAM:

THE HONOURABLE MR.JUSTICE R.SUBBIAH W.P.(MD)No.23898 of 2016 K.Chellathevan : Petitioner Vs.

1.The Managing Director, Tamil Nadu State Express Transport Corporation Tiruvalluvar Illam, Pallavan Salai, Chennai-600 002.

2.The General Manager, Tamil Nadu State Express Transport Corporation, Tiruvalluvar Illam, Pallavan Salai, Chennai-600 002.

3.The Administrator, Tamil Nadu State Express Transport Corporation, Tiruvalluvar 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 retirement benefits including Gratuity, SSS amount (Social Service Scheme) and Leave Salary with interest at the rate of 18% per annum within the time limit that may be fixed by this Court.

For Petitioner : M/s.J.Balameenakshi For Respondents : Mr.K.Sathiya Singh

ORDER

The petitioner was employed as Conductor and subsequently, promoted as Special Grade Conductor in the respondents Corporation and he retired from service on 31.08.2011, 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 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 10th February, 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(CSII) /True Copy/ Sub-Assistant Registrar SML +One cc to M/S.J.BALAMEENAKSHI, Advocate, SR.No.80541 +One cc to M/S.K.SATHIYA SINGH, Advocate, SR.No.81049 RL/3C/2P/SKS/RR/23.12.2016 Order made in W.P.(MD)No.23898 of 2016 Dated:

12.12.2016 (1/2) https://hcservices.ecourts.gov.in/hcservices/