Allowed

C.Pathrose, S/O.Chelliyan, v. the Managing Director

Madras HC4 Jan 2018WP(MD)/20193/2016

Case brief

AI extract

What is this about?

The Madurai Bench of Madras High Court issued a writ of mandamus directing the Tamil Nadu State Transport Corporation to settle the petitioner's uncalculated retirement benefits, such as gratuity and pension, in twelve equal monthly installments along with statutory interest.

What did the court decide?

Ordering the corporation to pay unissued terminal benefits in 12 monthly installments with 6% interest (18% for delayed installments).

C.Pathrose, S/O.Chelliyan, Vs the Managing… — Pension and Retirement Benefits | Madras HC (2018)

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED: 21.10.2016

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CORAM :

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THE HONOURABLE DR.JUSTICE S.VIMALA

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Writ Petition (MD) No.20193 of 2016

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C.Pathrose ... Petitioner Vs.

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The Managing Director, Tamil Nadu State Transport Corporation, Tirunelveli Ltd., Tirunelveli. 2. The General Manager, Tamil Nadu State Transport Corporation Tirunelveli Ltd., Ranithottam, Nagercoil 629 001, Kanyakumari District. 3. The Managing Trustee, Tamil Nadu State Transport Corporation, Employees' Pension Fund Trust, Thiruvalluvar House, Pallavan Salai, Chennai 600 002. ... Respondents

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Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus directing the respondents to settle the petitioners retirement benefits including Gratuity Leave salary Provident Fund Commuted Value of Pension Dearness Allowance arrears and all other attendant retirement benefits etc. with interest at the rate of not less than 18% from the date of retirement namely 29.02.2016 and pay the same to the petitioner within the time frame to be fix by this Court.

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

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ORDER

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You can be young without money but you can’t be old without it.

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..Tennessee Williams

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The petitioner was employed as Special Conductor in the respondent corporation and he retired from service on 29.02.2016 on reaching the age of superannuation. https://hcservices.ecourts.gov.in/hcservices/

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2.He has filed this writ petition seeking for a direction to

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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 12 equal monthly installments 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 installments.

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4.In these circumstances, the 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 installments.

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(ii)The first installment shall commence by making payment on or before 1^st week of December, 2016 and the amount in each of the remaining installments 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 installments, the interest payable could be 18% for the delayed period.

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5.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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1 CC TO Mr.N.S.RAMAKRISHNA DASS, ADVOCATE IN SR No.62850 + 1 CC TO Mr.K.SATHYA SINGH, ADVOCATE IN SR No. 62522

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TE/CK : 08/11/2016 : 2P/3C

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Writ Petition (MD) No.20193 of 2016 21.10.2016

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

C.Pathrose, S/O.Chelliyan, v. the Managing Director

Case brief

What is this about?

What did the court decide?

C.Pathrose, S/O.Chelliyan, 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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