S.Kaliyaperumal v. The Management Of

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.12.2016 CORAM :

THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN W.P(MD)No.24548 of 2016 S.Kaliyaperumal ... Petitioner vs.

The Management of Tamilnadu State Transport Corporation (Kumbakonam) Ltd, Kumbakonam Region, Rep. By its Managing Director, Kumbakonam.

... Respondent Prayer:

Petition is filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Mandamus, directing the respondents to pay the petitioner Rs.11,67,579/- towards Gratuity, Rs.6,33,343/- towards Leave Salary and Rs.1,71,174/- towards encashment of Leave on Personal Affairs together with 18% interest per annum within a time frame as may be fixed by this Hon'ble Court.

For Petitioner : Mr.S.Arunachalam For Respondent : Mr.D.Sivaraman

ORDER

The petitioner was employed as Assistant Manager in the respondents Corporation and he retired from service on 29.02.2016 on attaining 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 instalment. https://hcservices.ecourts.gov.in/hcservices/

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 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 /True copy/ Sub Assistant Registrar To The Managing Director, Management of Tamilnadu State Transport Corporation (Kumbakonam) Ltd, Kumbakonam Region, Kumbakonam.

+1 cc to M/s.S.Arunachalam, Advocate in SR.No. 82713 +1 cc to M/s.D.Sivaraman, Advocate in SR.No. 82566 nbi CSL/SS-2/03.01.2017 : 2P/4C W.P(MD)No.24548 of 2016 21.12.2016 https://hcservices.ecourts.gov.in/hcservices/