Disposed

C.Mani v. the Managing Director

Madras HC4 Jan 2018WP(MD)/21456/2016

Case brief

AI extract

What is this about?

The Single Judge disposed of a writ petition seeking retirement benefits. It directed the transport corporation to pay unsettled terminal benefits in twelve equal monthly installments, specifying an interest rate of 6% per annum and 18% for any delay.

What did the court decide?

Directed issuance of retirement benefits in 12 equal monthly installments with interest at 6% p.a. (18% on delay). Petitioner retains right to challenge benefit computation.

C.Mani Vs the Managing Director — Pension and Retirement Benefits | Madras HC (2018)

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED : 10.11.2016

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CORAM:

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THE HONOURABLE DR.JUSTICE S.VIMALA

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W.P(MD)No.21456 of 2016

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C.Mani : Petitioner

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Vs.

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1.The Managing Director,

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The Tamilnadu State Transport Corporation (Tirunelveli) Ltd, Tirunelveli.

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The General Manager,

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Tamil Nadu State Transport Corporation Tirunelveli Ltd, Ranithottam, Nagercoil-629001, Kanyakumari District.

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3.The Managing Trustee

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Tamil Nadu State Transport Corporation Employees Pension Fund Trust,

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Thiruvalluvar House, Pallavan Salai, Chennai-600 002.

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: Respondents

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PRAYER: Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the respondent to settle the petitioner's retirement benefits including Gratuity, Provident fund,Leave salary, 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 30.04.2015 and pay the same to the petitioner within the time frame to be fixed by this Court.

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For Petitioner : Mr. N.S.Ramakrishna Dass

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For Respondents 1 and 2 : Mr. K. Sathiya Singh

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For Respondent No.3 : Mr. A.P.Muthupandian

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O R D E R

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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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So pleads the petitioner, praying for disbursement of retirement benefits.

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https://hcservices.ecourts.gov.in/hcservices/ 2.The petitioner was employed as Special Technical Mechanic in the respondent Corporation and he retired from service on 30.04.2015 on reaching the age of superannuation.

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

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4.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 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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5.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 installments;

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ii)The first installment shall commence by making payment on or before the First Week of January, 2017 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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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(Writ)

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/True Copy/

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Sub Assistant Registrar

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smn

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+1cc to Mr.N.S.Ramakrishnadass Advocate Sr.No. 67796

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+1cc to Mr.K.Sathiya Singh Advocate Sr.No. 68168

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JAM/25.11.16/SKS-RR/2p-3c

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

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W.P(MD)No.21456 of 2016 10.11.2016

C.Mani v. the Managing Director

Case brief

What is this about?

What did the court decide?

C.Mani v. the Managing Director

Case brief

What is this about?

What did the court decide?

What the court decided

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