Allowed

P.Perumal v. the Managing Director

Madras HC6 Jan 2017WP(MD)/193/2017

Case brief

AI extract

What is this about?

The single judge issued directions for the transport corporation to settle the petitioner's terminal benefits in twelve monthly instalments with interest at 6%, allowing 18% for delays, while preserving the right to question computation of amounts.

What did the court decide?

Directions to settle terminal benefits in 12 monthly instalments commencing by 10.03.2017, carrying interest at 6% p.a. (18% for delay).

P.Perumal Vs the Managing Director — Pension and Retirement Benefits | Madras HC (2017)

¶1

¶2

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

¶3

DATED : 06.01.2017

¶4

CORAM :

¶5

THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN W.P(MD)No.193 of 2017

¶6

P.Perumal ...Petitioner

¶7

vs.

¶8

1. The Managing Director

¶9

Tamil Nadu State Transport Corporation (Kumbakonam) Ltd., Railway Station Road, Kumbakonam, Thanjavur District.

¶10

2. The General Manager

¶11

Tamil Nadu State Transport Corporation (Kumbakonam) Ltd., Periyamilaguparai, Trichy.

¶12

3) The Administrator

¶13

Tamil Nadu State Transport Corporation Employees Pension Fund Trust, Thiruvalluvar House, Pallavan Salai, Chennai-600 002. ...Respondents

¶14

Petition filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Mandamus, directing the respondents to settle (a) Payment of Gratuity – Rs.4,63,643/- (b) Earned Leave – 21,829/- (c) Medical Leave – Rs.4,745/- (d) Payment of Commuted Value of Pension – Rs.2,27,926/- and other retiral benefits payable to the petitioner with reasonable rate of interest within the time frame that may be stipulated by this Honourable Court.

¶15

For Petitioner : Mr.N.Sudhagar Nagaraj For Respondents : Mr.D.Sivaraman, for R1 & R2 Mr.A.P.Muthupandian for R3

¶16

ORDER

¶17

The petitioner was employed as Special Grade Driver in the respondents Corporation and he retired from service on 30.04.2014 on attaining the age of superannuation.

¶18

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

¶19

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

¶20

¶21

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

¶22

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;

¶23

ii)The first instalment shall commence by making payment on or before the 10^th March 2017 and the amount in each of the remaining instalments shall be paid on or before 10^th of every succeeding month;

¶24

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;

¶25

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.

¶26

Sd/-

¶27

Assistant Registrar(CO)

¶28

/True Copy/

¶29

Sub Assistant Registrar(CS)

¶30

Madurai Bench of Madras High Court,

¶31

Madurai-23.

¶32

¶33

The Managing Director

¶34

Tamil Nadu State Transport Corporation (Kumbakonam) Ltd., Railway Station Road, Kumbakonam, Thanjavur District.

¶35

2. The General Manager

¶36

Tamil Nadu State Transport Corporation (Kumbakonam) Ltd., Periyamilaguparai, Trichy.

¶37

3) The Administrator

¶38

Tamil Nadu State Transport Corporation Employees Pension Fund Trust, Thiruvalluvar House, Pallavan Salai, Chennai-600 002.

¶39

+1cc to M/s.N.Sudhagar Nagaraj, Advocate in SR.1253

¶40

+1cc to M/s.D.Sivaraman, Advocate in SR.1279

¶41

W.P(MD)No.193 of 2017 06.01.2017

¶42

nbi

¶43

PBK/SKN-MM 20/01/2017 ::2P-6C:

¶44

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

P.Perumal v. the Managing Director

Case brief

What is this about?

What did the court decide?

P.Perumal 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

Cases cited

Parties & counsel

Coram

Case details

Similar cases

K.Lakshmanan Vs the Principal Secretary

K.Angusamy Vs the Secretary to Government

P.Murugeswari Vs the District Collector

V.Arasan, S/O.Vaiyapuri, Vs the Secretary to Government

P.Sivamurugan, Vs the Superintendent of Police

S.Jayabalan, Vs the Managing Director