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Madras High CourtWP/695/2017disposed of

P. Muthusamy, S/O. Ponnusmay, v. The State Of Tamil Nadu,

2017-04-17Honourable Mr Justice T.Raja2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 17.04.2017

CORAM

THE HONOURABLE MR.JUSTICE T.RAJA.

Writ Petition No.695 of 2017 P.Muthusamy ... Petitioner vs

1. The State of Tamil Nadu, Rep.by its Principal Secretary, Transport Department, Fort St. George, Chennai - 600 009.

2. The Managing Director, State Express Transport Corporation (TN) Ltd., Chennai - 600 002.

... Respondents Writ Petition filed under Article 226 of Constitution of India, to issue a Writ of Mandamus to direct the second respondent to disburse the retirement benefits with interest as described in the petitioner's representation dated 11.11.2016. For Petitioner : Mr.A.Murugan For R1 : Mr.M.Digvijayapandian (AGP) For R2 : Mr.P.Kannan Kumar

O R D E R

The petitioner has filed this writ petition for issuance of a writ of mandamus, to direct the second respondent to disburse the retirement benefits with interest as described in the petitioner's representation dated 11.11.2016.

2. Heard the learned counsel appearing for the petitioner. Mr.M.Digvijayapandian, learned Additional Government Pleader takes notice for the first respondent and Mr.P.Kannan Kumar, learned Standing counsel takes notice on behalf of the second respondent and sought time to consider the petitioner's representation dated 11.11.2016.

3. The petitioner joined the service of the Tamil Nadu State Transport Corporation on 01.05.1992 and he retired from service on 30.06.2016 while working as a SG.SR.Conductor in the second respondent Corporation. Now the grievance of the petitioner is that his retirement benefits, namely, leave salary, provident fund, gratuity penal interest, computation and interest and https://hcservices.ecourts.gov.in/hcservices/

social security scheme, have not been till date settled by the second respondent Corporation.

Hence, he has given a representation on 11.11.2016. But, till date no orders have been passed. Therefore, he has come forward with the present writ petition.

4. Since the issue is squarely covered by 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), this writ petition is disposed of with a direction to the second respondent to settle the entire terminal benefits due and payable to the petitioner through twelve equal monthly installments carrying interest of 6% p.a. The installments should commence from July, 2017 and each of the installments should be paid on or before 7th of each month. In case of any delay in 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 petitioner for such non-payment of the installments. No costs. -s/dAssistant Registrar(CSV) True Copy Sub-Assistant Registrar dn To

1. The Principal Secretary to Government The State of Tamil Nadu, Transport Department, Fort St. George, Chennai - 600 009.

2. The Managing Director, State Express Transport Corporation (TN) Ltd., Chennai - 600 002.

+1 cc to Mr.A.Murugan Advocate sr 23084/17 W.P No.695 of 2017 sj(co) aa27/04/2017 https://hcservices.ecourts.gov.in/hcservices/