Madras High CourtWP(MD)/24011/2016disposed of

K.Iyappan, S/O.Kolappa Pilai, v. The Managing Director,

2016-12-15Honourable Mr Justice S. Vaidyanathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 15.12.2016

CORAM:

THE HONOURABLE Mr.JUSTICE S.VAIDYANATHAN W.P.(MD)No.24011 of 2016 K.Iyappan ...

Petitioner Vs.

1.The Managing Director, Tamil Nadu State Transport Corporation Tirunelveli Ltd., Tirunelveli.

2.The General Manager, Tamil Nadu State Transport Corporation Tirunelveli Ltd., Ranithottam,Nagercoil - 629001, Kanyakumari District.

...

Respondents PRAYER: Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the Respondents to settle the petitioners retirement benefits including Gratuity Leave Salary Dearness Allowance arrears and all other attendant retirement benefits etc. with interest at the rate of not less than 18% from the date of retirement namely 31.03.2013 and pay the same to the petitioner within the timeframe to be fix by this Honble Court.

For Petitioner : Mr.N.S.Ramakrishna Dass For Respondents : Mr.K.Sathiya Singh

O R D E R

The petitioner has filed this Writ petition seeking for a direction to the respondents to pay the retirement dues. 2.The petitioner was employed in the respondent Corporation and on reaching the age of superannuation, the petitioner retired from service.

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 instalments and to pay 6% interest on the terminal benefits payable to the https://hcservices.ecourts.gov.in/hcservices/

workman. The Bench has also held that workman is entitled to 18% interest for the defaulted period of instalments. 4.In these circumstances, the Writ petition is disposed of with the following directions:- (i)A direction is issued to the respondent / 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 1st week of 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 at 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.

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, the petitioner is entitled to receive. Likewise, if the petitioner has any grievance that the petitioner is entitled to interest for the amount already settled, he can agitate the same as per law, if the petitioner is entitled. No costs.

Sd/- Assistant Registrar (AS) /True Copy/ Sub Assistant Registrar To 1.The Managing Director,Tamil Nadu State Transport Corporation Tirunelveli Ltd.,Tirunelveli.

2.The General Manager,Tamil Nadu State Transport Corporation Tirunelveli Ltd.,Ranithottam, Nagercoil - 629001, Kanyakumari District.

+1CC to Mr.N.S.Ramakrishnadass, Advocate Sr.No.81354 +1CC to Mr.K.Sathiya Singh, Advocate Sr.No.81058 GJM/MP/VB/1.2.17-2p-5c W.P.(MD)No.24011 of 2016 15.12.2016(2/7) https://hcservices.ecourts.gov.in/hcservices/