Disposed

P.Govindarajan v. the Secretary to Government

Madras HC19 Jan 2017WP(MD)/813/2017

Case brief

AI extract

What is this about?

The Madurai Bench disposed of a writ petition seeking terminal benefits for a retired Deputy Manager. Following a precedent requiring installment payments with interest, the Court directed the Transport Corporation to settle dues in twelve monthly instalments carrying 6% interest, with 18% applicable for delays.

What did the court decide?

Direction to settle terminal benefits in twelve equal monthly instalments with 6% per annum interest and 18% on delays.

P.Govindarajan Vs the Secretary to Government — Pension and Retirement Benefits | Madras HC (2017)

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED : 19.01.2017

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CORAM :

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THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN

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W.P(MD)No.813 of 2017

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P.Govindarajan ... Petitioner

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vs.

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The Secretary to Government

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Transport Department, Secretariat, Chennai – 9. 2. The Managing Director,

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Tamilnadu State Transport Corporation (Madurai) Ltd., Bye Pass Road, Madurai – 625 016.

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3. The General Manager,

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Tamilnadu State Transport Corporation (Madurai) Ltd., Dindigul Region, Dindigul – 4.

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4. The Administrator,

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Tamilnadu State Transport Corporation Employees Pension Fund Trust, Pallavan Salai, Chennai – 2. ... 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 Terminal Benefits such as interest on Belated Payment of Gratuity, Surrender Leave Salary, Commutation and Encashment of Unearned Leave on Private Affairs along with 18% interest within the stipulated period.

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For Petitioner : M/s.S.Govindan For Respondents : Mr.A.K.Baskara Pandian for R1 Special Government Pleader Mr.A.Jeyaram for R2 & R3 Mr. A.P.Muthupandian for R4

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ORDER

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The petitioner was employed as Deputy Manager in the respondents Corporation and he retired from service on 30.11.2009 on attaining the age of superannuation.

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2.He has filed this writ petition seeking for a direction to https://hcservices.ecourts.gov.in/hcservices/ 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 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-I)

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/True Copy/

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Sub Assistant Registrar

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The Secretary to Government Transport Department, Secretariat, Chennai – 9.

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+1 cc to MR.S.GOVINDAN, Advocate SR.No.3021

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+1 cc to Special Government Pleader SR.No.3379

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

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SMA/CM-MSA/31.01.2017:2P/4C

P.Govindarajan v. the Secretary to Government

Case brief

What is this about?

What did the court decide?

P.Govindarajan v. the Secretary to Government

Case brief

What is this about?

What did the court decide?

What the court decided

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