Madras High Court
A.Surendrarajan vs The Management Of Tamilnadu State ... on 10 January, 2017
Author: S.Vaidyanathan
Bench: S.Vaidyanathan
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 10.01.2017
CORAM
THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN
W.P(MD)No.455 of 2017
A.Surendrarajan ... Petitioner
vs.
1.The Management of Tamilnadu State Transport Corporation (Tirunelveli) Ltd.,
Thirunelveli Region, Rep. by its Managing Director,
Tirunelveli.
2. The Administrator,
Tamilnadu State Transport Employees Pension Fund Trust,
Thiruvalluvar Illam, Anna Salai, Chennai ? 2. ... Respondents
Petition filed under Article 226 of the Constitution of India, praying
for the issuance of a Writ of Mandamus, directing the 1st respondent to pay
the petitioner Rs.6,47,177/- towards Gratuity, Rs.3,96,054/- towards E.P.F.
Employee's Contributions and Rs.1,81,459/- towards Leave Salary, together
with 18% interest per annum, and further directing the respondents to pay him
arrears of pension for the period from 01.02.2014 by revising his pension,
together with 18% interest per annum, after calculating all his
terminal/pension benefits based on the monthly wages payable to him on the
month of his retirement i.e., November 2014 by revising the same as per the
settlement dated 13.04.15, as ordered by the Honourable Division Bench of
this Court in its order dated 29.01.2016 in W.A(MD)No.1457/15 and etc.,
batch.
!For Petitioner : Mr.S.Arunachalam
^For Respondents : Mr.K.Sathiya Singh for R1
Mr.A.P.Muthupandian for R2
:ORDER
The petitioner was employed as Special Grade Tradesman in the respondents Corporation and he retired from service on 30.11.2014 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.
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 instalment 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.
To
1.The Management of Tamilnadu State Transport Corporation (Tirunelveli) Ltd., Thirunelveli Region, Rep. by its Managing Director, Tirunelveli.
2. The Administrator, Tamilnadu State Transport Employees Pension Fund Trust, Thiruvalluvar Illam, Anna Salai, Chennai ? 2. .