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S. Radhamani Vs. The Tamil Nadu State Transport Corporation (Kumbakonam) Ltd. and Others - Court Judgment

LegalCrystal Citation
CourtChennai Madurai High Court
Decided On
Case NumberW.P(MD).No. 16691 of 2016
Judge
AppellantS. Radhamani
RespondentThe Tamil Nadu State Transport Corporation (Kumbakonam) Ltd. and Others
Excerpt:
constitution of india -article 226 - id act - section 12(3) - retirement benefits -petitioner/employee of respondents/corporation sought for his retirement benefits, he has filed present writ petition - court held - respondents are directed to pay amount due to petitioner in 12 equal monthly installments commencing from prescribed date - further, if there are settlements or awards, corporation was obliged to take same into account while arriving at figure - writ petition stands disposed of. paras : (4,7) case refered: d.d.tewari (d) thr. lrs. vs. uttar haryana bijli vitran nigam ltd and ors {2014 (9) scale - 78} .....counsel appearing for the respondents submitted that the issue is covered by a judgment of a division bench of this court in w.a.(md).nos.383 to 457 of 2015, dated 12.06.2015. he has further submitted that the respondents would consider the request of the petitioner in the light of the judgment passed by the honourable division bench. 3. for ready reference, the judgment, dated 12.06.2015, passed by the hon'ble division bench in w.a.(md).nos.383 to 457 of 2015, is extracted hereunder: "the learned additional advocate general submits that he has obtained written instructions vide letter no.7945/e/2015-2 dated 11.06.2015 that the terminal benefits of the appellants would be settled through twelve equal monthly installments, carrying interest of 6% p.a. 2. the said statement is thus.....
Judgment:

(Prayer: Writ Petition filed under Article 226 of the Constitution of India for the issuance of a Writ of Mandamus directing the respondents to settle the petitioner's retirement benefits including Provident Fund, Gratuity, Commutation of Pension, Earned Leave Wages for 226 days, IRT share amount and 20% Arrears of Salary and Dearness Allowance payable to him along with monthly Pension with reasonable rate of interest as per the settlement dated 13.04.2015 U/S 12(3) of ID Act w.e.f.01.09.2013.

1. The petitioner was an employee of the respondents Transport Corporation. Seeking his retirement benefits, he has filed the present Writ Petition.

2. When the matter is taken up for hearing, learned Standing Counsel appearing for the respondents submitted that the issue is covered by a judgment of a Division Bench of this Court in W.A.(MD).Nos.383 to 457 of 2015, dated 12.06.2015. He has further submitted that the respondents would consider the request of the petitioner in the light of the judgment passed by the Honourable Division Bench.

3. For ready reference, the judgment, dated 12.06.2015, passed by the Hon'ble Division Bench in W.A.(MD).Nos.383 to 457 of 2015, is extracted hereunder:

"The learned Additional Advocate General submits that he has obtained written instructions vide letter No.7945/E/2015-2 dated 11.06.2015 that the terminal benefits of the appellants would be settled through twelve equal monthly installments, carrying interest of 6% p.a.

2. The said statement is thus taken on record and the respondents will be bound by the same, we have to keep in mind the judicial pronouncement of the Honourable Supreme Court in D.D.TEWARI (D) THR. LRS. Vs. UTTAR HARYANA BIJLI VITRAN NIGAM LTD and ORS {2014 (9) SCALE - 78}, wherein it is held that in case of any delay in making the payment of the installments, the interest payable would become 18% p.a., for the delayed period apart from any other remedy which may be available to the appellants for non-compliance of undertaking given to this Court.

3. The installments to be paid from July 2015 and each installment should be paid on or before 7th of each month .

4. Following the judgment of the Hon'ble Division Bench of this Court referred to above, the respondents are directed to pay the amount due to the petitioner in 12 equal monthly installments commencing from 1st October, 2016. Further, if there are settlements or awards, the Corporation is obliged to take the same into account while arriving at the figure. It is needless to mention that the entire arrears shall carry interest at the rate of 6% per annum. In case of delay in making installments, the interest payable would be 18% for the delayed period. T.RAJA,J.

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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 to.

6. The learned counsel for the respondents/Transport Corporation says that against certain employees, there are recoveries pending. So, the above payment may be made subject to recoveries, if any, from the employees. The petitioner is also agreeable for the same.

7. With the above direction, the writ petition stands disposed of. No costs.


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