M. Subramonai Pillai v. The Tamil Nadu State Transport

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 14.03.2016 CORAM :

THE HONOURABLE MRS.JUSTICE PUSHPA SATHYANARAYANA W.P(MD)No.5068 of 2016 M.Subramoniapillai ... Petitioner Vs.

1.The Tamil Nadu State Transport Corporation(Tirunelveli) Ltd., Represented by its Managing Director, Nagarkovil Region, KTC Nagar, Tirunelveli.

2.The General Manager, The Tamil Nadu State Transport Corporation(Tirunelveli) Ltd., Nagarkovil Region, Nagarkovil.

3.The Branch Manager, The Tamil Nadu State Transport Corporation(Tirunelveli) Ltd., Nagarkovil Region, Ranithottam Unit-1, Nagarkovil. ... Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus, directing the respondents to settle the petitioner's retirement benefits including employees provident fund, commutation of pension, pending gratuity, earned leave salary for 11 days, medical leave salary for 5 days and dearness allowance payable to him along with monthly pension with responsible rate of interest based on his representation, dated 23.02.2016 within the time that may be stipulated by this Court.

For Petitioner : Mr.G.M.Xavier For Respondents : Mr.K.Sathiyasingh

O R D E R

The petitioner was employed as Conductor in the respondent transport corporation and he retired from service on 31.01.2016 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 /True Copy/ Sub Assistant Registrar

pm To 1.The Managing Director, Tamil Nadu State Transport Corporation(Tirunelveli) Ltd., Nagarkovil Region, KTC Nagar, Tirunelveli.

2.The General Manager, The Tamil Nadu State Transport Corporation(Tirunelveli) Ltd., Nagarkovil Region, Nagarkovil.

3.The Branch Manager, The Tamil Nadu State Transport Corporation(Tirunelveli) Ltd., Nagarkovil Region, Ranithottam Unit-1, Nagarkovil.

+1CC to Mr.K.Sathiya Singh Advocate Sr.No.14151 GJM/NGM/SS/22.3.16-3p-5C W.P(MD)No.5068 of 2016 14.03.2016