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Madras High CourtWP/10002/2016disposed of

K.A.Ganesan, v. The Managing Director,

2016-04-28Honourable Mr Justice T.Raja2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.04.2016

CORAM

THE HONOURABLE MR.JUSTICE T.RAJA W.P.Nos.10002 to 10004 of 2016 K.A.Ganesan ..

Petitioner in W.P.No.10002 of 2016 D.Kalyanasundaram ..

Petitioner in W.P.No.10003 of 2016 E.Subramaniam ..

Petitioner in W.P.No.10004 of 2016 -vsThe Managing Director Tamil Nadu State Transport Corporation (Salem) Limited No.12, Ramakrishna Road Salem 636 007 ..

Respondent in all the Writ Petitions Petitions under Article 226 of the Constitution of India, praying for the issue of a Writ of Mandamus, directing the respondent to settle all the terminal benefits due and payable to the petitioners with interest at 12% per annum with effect from 31.05.2014, 31.05.2013, 30.04.2013, in view of petitioners' representations dated 27.11.2015 & 23.01.2016, 27.07.2015 & 27.11.2015, 27.11.2015 & 23.01.2016 respectively, within a stipulated time.

For Petitioners ::

Mr.G.Peranban in all the petitions For Respondent ::

Mr.R.K.Gandhi in all the petitions

ORDER

The petitioners have filed these writ petitions for issuance of a writ of mandamus directing the respondent to settle all the terminal benefits due and payable to the petitioners with interest at 12% per annum with effect from 31.05.2014, 31.05.2013, 30.04.2013, in view of petitioners' representations dated 27.11.2015 & 23.01.2016, 27.07.2015 & 27.11.2015, 27.11.2015 & 23.01.2016 respectively, within a stipulated time.

2. Heard the learned counsel for the petitioners. Mr.R.K.Gandhi, learned counsel takes notice on behalf of the respondent.

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3. The petitioners joined as Conductors in the respondent Transport Corporation and retired as Transport Inspectors on 31.5.2014, 31.05.2013 & 30.04.2013 respectively, on reaching the age of superannuation. Now the grievance of the petitioners is that their terminal benefits, namely, gratuity, surrender leave salary, dearness allowance arrears etc., have not been settled till date by the respondent to them.

4. Since the issue is squarely covered by the various orders passed by this Court, in the light of the Hon'ble Division Bench judgment in W.A.(MD) Nos.383 to 457 of 2015 dated 12.6.2015 (K.Rajendran and others v. The Tamil Nadu State Transport Corporation (Madurai) Limited represented by its Managing Director, Madurai and others), these writ petitions are disposed of with a direction to the respondent to settle the entire terminal benefits due and payable to the petitioners through twelve equal monthly instalments carrying interest of 6% p.a. The instalments should commence from June, 2016 and each of the instalments should be paid on or before 7th of each month. In case of any delay in the payment of the instalments, the interest payable would become 18% p.a. for the delayed period apart from any other remedy which may be available to the petitioners for such non-payment of the instalments. No costs. Sd/- Vacation Officer /TRUE COPY/ Sub-Assistant Registrar ss To

1. The Managing Director Tamil Nadu State Transport Corporation (Salem) Limited No.12, Ramakrishna Road Salem 636 007 3 ccs to Mr.G. Peranbhan, Advocate, Sr. 26972, 26973,26974 W.P.Nos.10002 to 10004 of 2016 PA (CO) kk 9/5 https://hcservices.ecourts.gov.in/hcservices/