Allowed

R.Sathiyamoorthy, v. the Tamil Nadu State Transport

Madras HC6 Oct 2016WP(MD)/19180/2016

Case brief

AI extract

What is this about?

The Madurai Bench of the Madras High Court disposed of a writ petition filed by a retired driver. The court directed the transport corporation to settle the petitioner's terminal benefits in twelve equal monthly installments, paying 6% interest and 18% for delayed payments, while preserving his right to challenge any computational errors.

What did the court decide?

Settlement of terminal benefits in twelve equal monthly installments commencing by 10th December 2016; payment of interest at 6% per annum (18% for delays); right to challenge computation reserved.

R.Sathiyamoorthy, Vs the Tamil Nadu State… — Pension and Retirement Benefits | Madras HC (2016)

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 06.10.2016

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CORAM :

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THE HONOURABLE MR.JUSTICE M.V.MURALIDARAN

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W.P(MD)No.19180 of 2016

R.Sathiyamoorthy

... Petitioner

Vs.

The Tamil Nadu State Transport Corporation (Madurai) Ltd., Represented by its Managing Director,

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Madurai Region, Bye-pass Road, Madurai.

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The Administrator, Tamil Nadu State Transport Corporation Pension Trust, Thiruvalluvar Illam, Pallavansalai, Chennai – 600 002. ... Respondents

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PRAYER : Petition filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Mandamus, directing the respondents to settle the petitioner's retirement benefits including Provident Fund, Gratuity, Commutation of Pension, IRT Share amount, arrears of month Pension for the period from 01.10.2014 to 31.01.2016 payable to him with interest at the rate of 16% per annum within the time stipulated by this Court.

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For Petitioner : Mr.G.M.Xavier For Respondents : Mr.A.P.Muthu Pandian

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ORDER

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The petitioner was employed as Special Grade driver in the respondents Corporation and he retired from service on 30.09.2014, on reaching the age of superannuation.

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2.He has filed this writ petition seeking for a direction to the respondents to pay the retirement benefits.

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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 installments and to pay 6% interest on the terminal benefits payable to the workman. The Bench has also held that workman is https://hcservices.ecourts.gov.in/hcservices/ entitled to 18% interest for the defaulted period of installments.

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4.In these circumstances, this writ petition is disposed of with the following directions:-

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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 installments;

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ii)The first installment shall commence by making payment on or before 10^th of December 2016 and the amount in each of the remaining installments shall be paid on or before 10^th of every succeeding month;

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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;

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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.

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Sd/-

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Assistant Registrar(Writs)

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/True Copy/

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Sub Assistant Registrar

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1 cc to Mr.G.M.Xavier, Advocate in SR 59977

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W.P(MD)No.19180 of 2016

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06.10.2016

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pmu

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anr/ss2/24.10.2016/2p/2c

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https://hcservices.ecourts.gov.in/hcservices/

R.Sathiyamoorthy, v. the Tamil Nadu State Transport

Case brief

What is this about?

What did the court decide?

R.Sathiyamoorthy, v. the Tamil Nadu State Transport

Case brief

What is this about?

What did the court decide?

What the court decided

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