This petition sought a writ of mandamus for the settlement of retirement benefits. The Court directed the corporation to pay pending benefits in twelve equal monthly installments.
Direction to settle terminal benefits in twelve equal monthly installments; 6% interest on principal; 18% interest on delayed instalments.
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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 10.01.2017
CORAM :
THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN
W.P(MD)No.476 of 2017
T.Srikumara Doss
... Petitioner
vs.
Tamil Nadu State Express Transport Corporation, Tiruvalluvar Illam, Pallavan Salai, Chennai-600002.
Tamil Nadu State Express Transport Corporation Tiruvalluvar Illam, Pallavan Salai, Chennai-600002.
Tamil Nadu State Express Transport Corporation, Marthandam Branch,
Kanyakumari District.
... Respondents
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 leave salary, arrear of Gratuity, Dearness Allowance and all other attendant retirement benefits etc., with interest at the rate of not less than 18% from the date of retirement namely 30.09.2011 and pay the same to the petitioner within the time frame to be fixed this Honourable Court.
For Petitioner : Mr.N.S.Ramakrishna Dass For Respondents : Mr.K.Sathiya Singh
ORDER
The petitioner was employed as Selection Grade Senior Driver in the respondents Corporation and he retired from service on 30.09.2011 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 https://hcservices.ecourts.gov.in/hcservices/ 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
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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.
Sd/-
Assistant Registrar (CS-II)
/True Copy/
Sub Assistant Registrar
nbi
To
Tamil Nadu State Express Transport Corporation, Tiruvalluvar Illam, Pallavan Salai, Chennai-600002.
Tamil Nadu State Express Transport Corporation Tiruvalluvar Illam, Pallavan Salai, Chennai-600002.
Tamil Nadu State Express Transport Corporation, Marthandam Branch, Kanyakumari District.
+1CC to Mr.N.S.Rmakirshna Dass, Advocate Sr.No.2076
GJM/SS2/KSM/25.1.17-2p-6c
W.P(MD)No.476 of 2017 10.01.2017(1/2)
2 issues framed by the court
Whether a direction should be issued to the respondents to settle the petitioner's retirement benefits including leave salary, gratuity, and dearness allowance.
What interest rate applies to the terminal benefits payable in installments and for the defaulted period.
Colour shows how this judgement treated each authority
1 provisions across 1 enactments
T.Srikumara Doss
Tamil Nadu State Express Transport Corporation
S.Vaidyanathan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
