V.Sivalingam, S/O.Velu, v. The Tamil Nadu State Transport
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 26.02.2016
CORAM
THE HONOURBLE MR.JUSTICE B.RAJENDRAN W.P(MD).No.3994 of 2016 V.Sivalingam ... Petitioner Vs.
1. The Tamil Nadu State Transport represented by its Managing Director, Karaikudi Region, 27, New Railway Station Road, Kumbakonam.
2. The General Manager, The Tamil Nadu State Transport Karaikudi Region, Managri Post, Maruthupathi, Karaikudi.
3. The Branch Manager, The Tamil Nadu State Transport Karaikudi Region, Karaikudi Branch, Sivagangai.
... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing the respondents to settle the petitioner's retirement benefits including gratuity, commutation of pension, engineering college, medical college, polytechnic and IRT maintenance fund of Rs.4,360/-, earned leave wages for 86 days payable to him within the time that may be stipulated by this Court. For petitioner : Mr.G.M.Xavier For Respondents : Mr.D.Sivaraman
O R D E R
The petitioner was employed as driver in the respondent transport corporation and he retired from service on 30.01.2016 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 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 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 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.
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 (AS) /True Copy/ Sub Assistant Registrar To
1. The Tamil Nadu State Transport represented by its Managing Director, Karaikudi Region, 27, New Railway Station Road, Kumbakonam.
2. The General Manager, The Tamil Nadu State Transport Karaikudi Region, Managri Post, Maruthupathi, Karaikudi.
3. The Branch Manager, The Tamil Nadu State Transport Karaikudi Region,Karaikudi Branch, Sivagangai.
+1cc to Mr.G.M.Xavier, Advocate in Sr.No.11330 +1cc to Mr.D.Sivaraman, Advocate SR.No.11122 CN/SKS-RR/17.03.2016/3P-6C W.P(MD).No.3994 of 2016 26.02.2016