K.Vijayan v. The General Manager
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 02.01.2017 CORAM :
THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN W.P(MD)No.24970 of 2016 K.Vijayan ... Petitioner vs.
1. The General Manager, Tamil Nadu State Transport Corporation(Tirunelveli)Limited, Tirunelveli Region, Tirunelveli - 627 011.
2. The Administrator, Tamil Nadu State Transport Corporation Pension Fund Trust, Thiruvalluvar Illam, Pallavan Salai, Chennai - 600 002.
... Respondents PRAYER:
Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Mandamus, directing the respondents to settle the Petitioner's retirement benefits including Provident Fund, Gratuity, Commutation of Pension and Earned Leave Wages for 37 days payable to him with 16% rate of interest within the time stipulated by this Court. For Petitioner : M/s.G.M.Xavier For Respondent-1 : Mr.K.Sathiya Singh For Respondent-2 : Mr.A.P.Muthupandian Standing Counsel
ORDER
The petitioner was employed as Special Grade Driver in the respondents Corporation and he retired from service on 30.09.2015 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.
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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 March 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(CO) /True Copy/ Sub Assistant Registrar To
1. The General Manager, Tamil Nadu State Transport Corporation(Tirunelveli)Limited, Tirunelveli Region, Tirunelveli - 627 011.
2. The Administrator, Tamil Nadu State Transport Corporation Pension Fund Trust, Thiruvalluvar Illam, Pallavan Salai, Chennai - 600 002.
+1cc to Mr.K.Sathiya Singh, Advocate, SR.No.108 W.P(MD)No24970 of 2016 02.01.2017 vsn MK/SS2-KSM/20.1.2017/2p/4c https://hcservices.ecourts.gov.in/hcservices/