(Prayer: Petition filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Mandamus, directing the Respondents to pay the terminal benefits amount payable to the petitioner including Provident Fund, Gratuity, Commuted Value of Pension, Unavailed Leave Salary, Service Surrender Leave salary and Dearness Allowance arrears together with 18% interest from the date of his retirement i.e. 31.05.2016 to till the date of payment and all other attendant benefits to the petitioner within the stipulated period.)
1. The petitioner was employed as Special Grade Driver in the respondents Corporation and he retired from service on 31.05.2016 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 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.
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 installments;
ii) The first installment shall commence by making payment on or before the the 10th January 2017 and the amount in each of the remaining installments 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 installments, 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.
WP (MD) No. 21976 of 2016
S. Vimala, J.
1. This writ petition is listed today under the caption 'for being mentioned', at the instance of learned counsel for the petitioner.
2. The learned counsel for the petitioner would submit that the order portion in respect of W.P(MD)No.21975 of 2016 has been wrongly typed in the order portion of this writ petition and therefore the order portion in respect of this writ petition may be modified.
3. Heard the learned counsel appearing for the petitioner and the learned counsel appearing for the respondents and also perused the records.
4. On perusal of the order dated 17.11.2016, passed in W.P(MD)No.21976 of 2016, it could be seen that the retirement benefit has been ordered to be paid in 12 monthly instalment, which is the usual grant in all cases. But this is a special case, wherein the petitioner's wife is suffering from cancer. Therefore, the order needs modification. Therefore, the order portion in respect this writ petition is modified as follows:
This Writ of Mandamus has been filed, seeking a direction to the respondents to pay the terminal benefits payable to the petitioner with interest @ 18%, from the date of his retirement on 31.05.2016 to till the date of payment.
2. The learned counsel for the petitioner would submit that the petitioner's wife is suffering from Cancer and therefore, without granting the usual order of granting direction to the respondents, to disburse the retirement benefits in 12 installments, some lenient view may be taken and there must be an order for immediate payment of all the retirement benefits.
3. It is pointed out by the learned counsel for the petitioner that already Rs.8,00,000/- has been spent, by the petitioner, towards for the treatment of Cancer and therefore, there should be some special consideration, considering the pathetic position, in which, the petitioner's wife is placed.
4. It is pointed out by the learned standing counsel for the respondents 1 and 2, that it is not as if the petitioner has already spent Rs.8,00,000/- towards the treatment expenses of his wife, but it is only an estimation and not the actual expenditure.
5. Be that as it may, the fact remains that now-a-days, the treatment of Cancer in a private hospital, is normally expensive, and it is to be spent till the petitioner's wife is cured of. Therefore, it is a fit case, where some concession has to be shown. Under the stated circumstances, the respondents are directed to disburse all the retirement benefits of the petitioner, within a period of two months from the date of receipt of a copy of this order.
6. With the above direction, this Writ Petition stands disposed of. No costs .
5. The Registry is directed to issue corrected copy of the order.