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Madras High CourtWP(MD)/2684/2016disposed of

P.Murugesan v. The Management Of Tamilnadu

2016-02-08Honourable Mr Justice B. Rajendran2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 8.2.2016 CORAM :

THE HONOURABLE MR.JUSTICE B.RAJENDRAN Writ Petition(MD)No.2684 of 2016 P.Murugesan ... Petitioner Vs.

1.The Management of Tamil Nadu State Transport Corporation (Madurai) Ltd., Dindigul Region, rep. by its General Manager, Dindigul.

2.The Administrator, Tamil Nadu State Transport Employees Pension Fund Trust, Thiruvalluvar Illam, Anna Salai, Chennai-2.

... Respondents Petition filed under Article 226 of the Constitution of India, for issuance of a Writ of Mandamus, directing the 1st respondent to pay the petitioner Rs.2,25,812/- towards Gratuity and Rs.97,615/- towards leave salary and also arrears of wages for the period from 1.9.2013 to 31.5.2015 payable pursuant to new wage settlement, together with 18% interest per annum and further directing the respondents to pay him Rs.96,133/- towards the Pension Commutation amount 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 Respondents : Mr.A.Jeyaram

O R D E R

The petitioner was employed as a Driver in the respondent corporation and he retired from service on 31.05.2015 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 https://hcservices.ecourts.gov.in/hcservices/

terminal benefits of its employees in 12 equal monthly installments 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, the writ petition is disposed of with the following directions:- (i)A direction is issued to the transport corporation to settle the eligible 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 10.04.2016 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.

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, 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 1.

The General Manager, Management of Tamil Nadu State Transport Corporation (Madurai) Ltd., Dindigul Region, Dindigul.

2.

The Administrator, Tamil Nadu State Transport Employees Pension Fund Trust, Thiruvalluvar Illam, Anna Salai, Chennai-2.

+1 CC to Mr.S.Arunachalam, Advocate, SR No.7654 skn SH/MPA:23.02.2016:2P/4C W.P(MD)No.2684 of 2016 08.02.2016 https://hcservices.ecourts.gov.in/hcservices/