M. Pachaiyappan v. Tamil Nadu State Transport Corporation (Kumbakonam) Ltd.
2015-12-07
D.HARIPARANTHAMAN
body2015
DigiLaw.ai
ORDER : The petitioner was employed as Assistant Manager in the respondents transport corporation and he retired from service on 30.06.2013 on reaching the age of superannuation. 2. He has filed this writ petition seeking for a direction to the respondents to pay the retirement benefits. 3. A counter affidavit is filed. In paragraph 3 of the counter affidavit, the details of the amount settled as well as the amount due to the petitioner towards the terminal benefits is given. The same is extracted hereunder:- Sl. No Details of the Retirement benefits Settled Amount Settled on To be settled 1 Provident Fund 735102.00 20.09.2013 2 Commutation 445806.00 23.10.2013 3 Gratuity 898463.00 4 Leave Salary 436049.00 5 ESPS 38592.00 13.01.2015 6 IRT Refund 4360.00 12.06.2015 Total 1223860.00 1334512.00 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 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. 5. In view of the aforesaid Division Bench judgment, the transport corporations ought to have settled the terminal benefits of its employees on its own, without driving them to file individual writ petitions. But the transport corporations have not done so and a large number of writ petitions are filed every day. 6. In these circumstances, this Court has evolved a formulae in issuing direction to pay the terminal benefits in twelve equal monthly installments to the persons who retired in 2015; nine equal monthly installments to the persons who retired in 2014; six equal monthly installments to the persons who retired in 2013 and five equal monthly installments to the persons who retired before 2013. This Court has also issued direction to pay interest as per the direction of the First Bench of this Court referred to above. 7. In these circumstances, the writ petition is disposed of with the following directions:- (i) Taking into account the fact that the petitioner retired in 2013, a direction is issued to the transport corporation to settle the terminal benefits of the petitioner that are yet to be settled as per paragraph 3 of the counter affidavit, in six equal monthly installments.
In these circumstances, the writ petition is disposed of with the following directions:- (i) Taking into account the fact that the petitioner retired in 2013, a direction is issued to the transport corporation to settle the terminal benefits of the petitioner that are yet to be settled as per paragraph 3 of the counter affidavit, in six equal monthly installments. (ii) The first installment shall commence by making payment on or before 10.01.2016 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. 8. 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. 9. The learned counsel for the petitioner has sought for liberty by making the following endorsement:- ''The question of paying encashment of un-earned leave on private affairs may be left open. All the retiral benefits may be settled in terms of usual order based on Division Bench decision in W.A.358 to 457/15 dated 12.06.15'' Hence, the writ petition is disposed of with the liberty as prayed for. No costs.