Single Judge High Court directed the Tamil Nadu State Transport Corporation to pay petitioner's terminal benefits within three months. The court dismissed alternatives relying on prior precedents awarding gratuity or interest.
Respondent directed to disburse terminal benefits within three months; interest at 9% on arrears if payment fails.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 05.09.2014
CORAM :
THE HONOURABLE MR. JUSTICE R.S.RAMANATHAN
Writ Petition No.17275 of 2014
M.Rakkiannan
..Petitioner
vs.
Tamil Nadu State Transport Corporation, (Coimbatore Limited), Represented by Its Managing Director, No.37, Mettupalayam Road, Coimabtore – 641 043. .. Respondent
Prayer:- Petition filed under Article 226 of the Constitution of India for a writ of Mandamus directing the respondent to settle the retirement benefit of the petitioner along with interest.
For Petitioner : Mr.Venkataswamybabu For Respondents : Mr.P.Kannankumar, ORDER
The petitioner was appointed as Conductor in the respondent Corporation on 02.07.1979 and he retired from service on reaching superannuation on 31.05.2014 as Special Grade Conductor. However, his terminal benefits were not paid to him and therefore, he made representation on 02.06.2014 to settle his terminal benefits and no action has been taken and therefore, the present writ petition has been filed for the relief stated above.
2.The learned counsel for the petitioner submitted that in similar circumstances, the Madurai Bench of this Court passed an order in W.P.(MD) No.18189 of 2013 dated 12.11.2013 and this Court in W.P.No.3611 of 2014 dated 11.02.2014, directed the respondents to pay terminal benefits with interest @ 6% per annum within a period of three months. It is therefore, submitted that similar order may be passed in this writ petition also.
3.The learned counsel for the respondent submitted that as against the similar orders made in other Writ Petitions, Writ Appeals https://hcservices.ecourts.gov.in/hcservices/ were preferred before a Division Bench of Madurai Bench in W.A.(MD) Nos.203 to 206 and 309 to 319 of 2014 and the Division Bench directed the respondent therein to pay the gratuity amount as per the
seniority and therefore, according to the learned counsel for the respondent, the petitioner herein is not entitled for any relief in this writ petition.
4.I am unable to accept the contention of the learned counsel appearing for the respondent. As on date, the order passed in W.P. (MD) No.18189 of 2013 dated 12.11.2013, by the Division Bench of Madurai High Court has become final and the the Division Bench in W.A.(MD) Nos.203 to 206 and 309 to 319 of 2014 has directed the Transport Corporation to settle all the claim to the workers and in respect of interest, the Division Bench directed the Corporation to work out their claims separately and with the above observations dismissed the above writ appeals. Further, the order passed by the Division Bench in W.P.(MD) No.18189 of 2013 dated 12.11.2013 was also followed by this Court in W.P.No.3611 of 2014 dated 11.02.2014.
5.In the result, the writ petition is disposed of with a direction to the respondent to disburse all the terminal benefits of the petitioner within a period of three months from the date of receipt of a copy of this order, failing which, the respondent is directed to pay interest @ 9% from the date of which the amount is due and payable. No costs.
Sd/Asst. Registrar[T & P], Dt/-09/10/2014. /true copy/ Sub Asst. Registrar. jbm Index: Yes/No To Its Managing Director, Tamil Nadu State Transport Corporation, (Coimbatore Limited), No.37, Mettupalayam Road, Coimabtore – 641 043.
1 CC To Mr.P.Kannan Kumar, Advocate SR NO.42727
1 CC To Mr.Venkataswamy, Advocate SR NO.42034 W.P.No.17275 of 2014 rv[co] gp/13.10
2 issues framed by the court
Whether the respondent Corporation is directed to pay the petitioner's terminal benefits with interest.
Whether the petitioner is entitled to relief similar to previous Division Bench orders.
Colour shows how this judgement treated each authority
1 provisions across 1 enactments
M.Rakkiannan
Tamil Nadu State Transport Corporation, (Coimbatore Limited)
R.S.Ramanathan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
