Allowed

A.Alexander v. the Managing Director

Madras HC10 Jan 2017WP(MD)/477/2017

Case brief

AI extract

What is this about?

Single Judge ordered transport corporation to pay petitioner's unsettled terminal benefits in twelve monthly installments starting March 2017 with 6% interest, allowing 18% interest for delays, while preserving right to challenge computation.

What did the court decide?

Direction to settle terminal benefits in twelve monthly installments commencing 10.03.2017; interest @6% per annum (18% for delays); no costs.

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

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED : 10.01.2017

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CORAM :

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THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN

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W.P(MD)No.477 of 2017

A.Alexader

... Petitioner

vs.

1.The Managing Director,

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Tamil Nadu State Express Transport Corporation, Tiruvalluvar Illam, Pallavan Salai, Chennai-600002.

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2.The General Manager,

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Tamil Nadu State Express Transport Corporation Tiruvalluvar Illam, Pallavan Salai, Chennai-600002.

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3.The Branch Manager,

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Tamil Nadu State Express Transport Corporation, Marthandam Branch, Kanyakumari District.

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... Respondents

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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 31.10.2011 and pay the same to the petitioner within the time frame to be fixed this Honourable Court.

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For Petitioner : Mr.N.S.Ramakrishna Dass For Respondents : Mr.K.Sathiya Singh

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ORDER

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The petitioner was employed as Selection Grade Senior Driver in the respondents Corporation and he retired from service on 31.10.2011 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 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.

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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 instalments;

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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;

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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/-

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Assistant Registrar (CS-II)

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/True Copy/

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Sub Assistant Registrar

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nbi

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1.The Managing Director,

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Tamil Nadu State Express Transport Corporation, Tiruvalluvar Illam, Pallavan Salai, Chennai-600002.

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2.The General Manager,

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Tamil Nadu State Express Transport Corporation Tiruvalluvar Illam, Pallavan Salai, Chennai-600002.

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3.The Branch Manager,

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Tamil Nadu State Express Transport Corporation, Marthandam Branch, Kanyakumari District.

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+1CC to Mr.K.Sathiya Singh, Advocate Sr.No.1751

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+1CC to Mr.N.S.Rmakirshna Dass, Advocate Sr.No.2077

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GJM/SS2/KSM/25.1.17-2p-6c

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

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W.P(MD)No.477 of 2017 10.01.2017(2/2)

A.Alexander v. the Managing Director

Case brief

What is this about?

What did the court decide?

A.Alexander v. the Managing Director

Case brief

What is this about?

What did the court decide?

What the court decided

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