Disposed

K.Mahalingam,Selection v. the Managing Director

Madras HC1 Feb 2017WP(MD)/1539/2017

Case brief

AI extract

What is this about?

This Single Judge judgment disposed of a petition by a retired workman seeking retirement benefits. The court directed the transport corporation to pay unsettled terminal benefits in twelve equal monthly installments, carrying 6% interest, with 18% interest applicable for any delayed payments.

What did the court decide?

The petitioner directed to settle terminal benefits in twelve equal monthly installments; first installment by 10th April 2017; interest 6% per annum, with 18% in case of delay.

K.Mahalingam,Selection Vs the Managing Director — Pension and Retirement Benefits | Madras HC (2017)

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 01.02.2017 CORAM :

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THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN

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W.P(MD)No.1539 of 2017

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K.Mahlingam ... Petitioner

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vs.

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1.The Managing Director, State Express Transport Corporation, (Tamilnadu)Limited., Thiruvalluvar Illam, Pallavan Salai, Chennai-600 002.

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2.The Administrator, Tamilnadu State Transport Corporation Employees and Pension Fund Trust, Thiruvalluvar Illam, Pallavan Salai, Chennai-600 002.

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3.The Branch Manager, State Express Transport Corporation, (Tamilnadu)Limited.,

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Nagercoil Branch, Nagercoil.

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... Respondents

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PRAYER:Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus directing the respondents to pay the (a) Difference of Gratuity (b) Social Security Scheme Benefits (c) Difference of Pension and (d) Encashment of Leave with 18% interest per annum to the petitioner within a stipulated period.

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For Petitioner : Mr.G.Vellaichamy For Respondents : Mr.K.Sathiya Singh for R1 and R3 Standing Counsel Mr.A.P.Muthupandiyan for R2 Standing Counsel

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ORDER

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The petitioner was employed as Selection Grade Senior Tradesman in the respondents Corporation and he retired from service on 31.03.2012 on attaining 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 instalments and to pay 6% interest on the terminal benefits payable to the https://hcservices.ecourts.gov.in/hcservices/ workman. The Bench has also held that workman is entitled to 18% interest for the defaulted period of instalment.

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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

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settle the terminal benefits of the petitioner that are yet to be settled, in twelve equal monthly instalments;

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ii)The first installment shall commence by making payment on or before the 10^th April 2017 and the amount in each of the remaining instalments 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 instalments, 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/Assistant Registrar(Writs)

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/TRUE COPY/

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Sub Assistant Registrar

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1.The Managing Director, State Express Transport Corporation, (Tamilnadu)Limited., Thiruvalluvar Illam, Pallavan Salai, Chennai-600 002.

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2.The Administrator, Tamilnadu State Transport Corporation Employees and Pension Fund Trust, Thiruvalluvar Illam, Pallavan Salai, Chennai-600 002. 3.The Branch Manager, State Express Transport Corporation, (Tamilnadu)Limited., Nagercoil Branch, Nagercoil.

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+1 cc to MR.G.Vellaichamy,ADVOCATE, SR NO: 5443 +1 cc to MR.K.Sathiya Singh, ADVOCATE, SR NO: 5625

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vsn

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sva/mr/14.02.2017/2p/6c

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W.P(MD)No.1539 of 2017 01.02.2017(1/4)

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

K.Mahalingam,Selection v. the Managing Director

Case brief

What is this about?

What did the court decide?

K.Mahalingam,Selection v. the Managing Director

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

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