Madras High CourtWP(MD)/3987/2016disposed of

P.Thilagavathi, v. The Managing Director

2016-02-26Honourable Mr Justice B. Rajendran2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 26.02.2016

CORAM

THE HONOURBLE MR.JUSTICE B.RAJENDRAN W.P(MD).No.3987 of 2016 P.Thilagavathi ... Petitioner Vs.

The Managing Director, Tamil Nadu State Transport Corporation (Madurai) Limited, Bye-pass Road, Madurai 625 016.

... Respondent Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing the respondent to pay the petitioner the leave salary payable to her deceased husband along with interest as may be fixed by this Honorable Court within a stipulated period.

For petitioner : Mr.C.Thangamani For Respondent : Mr.A.Jeyaram

O R D E R

The petitioner's husband was employed as Senior Grade Tradesman in the respondent transport corporation and he died on 25.07.2010 while in service.

2. The petitioner has filed this writ petition seeking for a direction to the respondent to pay the retirement benefits of her husband.

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 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 terminal benefits of the petitioner's husband that are yet to be settled, in twelve 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 day 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 https://hcservices.ecourts.gov.in/hcservices/

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 she is entitled to interest for the amount already settled, she can agitate the same as per law, if she is entitled.

6. The learned counsel for the respondent Corporation says that against certain employees, there are recoverables from them. So, the above payment may be made subject to recoverables from the employees. The petitioner is also agreeable for the same. No costs. Sd/- Assistant Registrar (RTI) /True copy/ Sub Assistant Registrar To The Managing Director, Tamil Nadu State Transport Corporation (Madurai) Limited, Bye-pass Road, Madurai 625 016.

+1 CC to Mr.C.THANGAMANI, Advocate, SR No.11567 W.P(MD).No.3987 of 2016 26.02.2016 akv SH/SK-SKN:18.03.2016:2P/3C https://hcservices.ecourts.gov.in/hcservices/