V.Thirugnanam v. The Managing Director
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 14.12.2016 CORAM :
THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN W.P(MD)No.23930 of 2016 V.Thirugnanam ... Petitioner vs.
1)The Managing Director Tamilnadu State Transport Corporation (Madurai) Limited, ByePass Road, Madurai-625016.
2)The General Manager, Tamilnadu State Transport Corporation (Madurai) Limited, Dindigul Region, Dindigul-4.
... Respondents Petition filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Mandamus, directing the Respondent to settle the Terminal Benefits such as Gratuity, Employees Retirement Benefit scheme, Interest on Belated payment of Commutation and Unpaid Pension for the month of February 2013 along with 18% interest within the stipulated period. For Petitioner : Mr.S.Govindan For Respondents : Mr.A.Jayaram
ORDER
The petitioner was employed as Special Grade Conductor in the respondents Corporation and he retired from service on 31.10.2012, 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; https://hcservices.ecourts.gov.in/hcservices/
ii)The first instalment shall commence by making payment on or before the 10th February 2017 and the amount in each of the remaining instalments 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/- Assistant Registrar(Crl.Side) /True Copy/ Sub Assistant Registrar nbi TO 1)The Managing Director Tamilnadu State Transport Corporation (Madurai) Limited, ByePass Road, Madurai-625016.
2)The General Manager, Tamilnadu State Transport Corporation (Madurai) Limited, Dindigul Region, Dindigul-4.
+1cc to Mr.S.Govindan Advocate Sr.No. 80625 JAM/28.12.16/EM/2p-4c W.P(MD)No.23930 of 2016 14.12.2016 https://hcservices.ecourts.gov.in/hcservices/