Madras High CourtWP/1122/2017disposed of

S.Baskar Nallathambi, v. M/S.State Express Transport

2017-04-10Honourable Mr Justice T.Raja4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 10.04.2017

CORAM

THE HONOURABLE MR.JUSTICE T.RAJA W.P.No.1122 of 2017 R.Baskar Nallathambi .. Petitioner -vsM/s.State Express Transport Corporation Ltd., Rep. by its Managing Director, No.2, Pallavan Salai, Chennai-600 002.

..Respondent Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus, directing the respondent to settle the terminal benefits of the petitioner, Provident fund amount of Rs.3,82,859/-, Surrender of earned leave 29.5 days amount of Rs.31,466/- and Social Security Scheme amount of Rs.30,000/- altogether a sum of Rs.4,44,325/- with interest at the rate of 6% per annum taking into consideration of representation dated 06.01.2017. For Petitioner ::

Mr.D.Soundarraj For Respondent ::

Mr.P.Kannan Kumar

ORDER

The petitioner has filed this writ petition for issuance of a writ of mandamus, directing the respondent to settle the terminal benefits of the petitioner, Provident fund amount of Rs.3,82,859/-, Surrender of earned leave 29.5 days amount of Rs.31,466/- and Social Security Scheme amount of Rs.30,000/- altogether a sum of Rs.4,44,325/- with interest at the rate of 6% per

annum taking into consideration of representation dated 06.01.2017.

2. Heard the learned counsel appearing for the petitioner. Mr.P.Kannan Kumar, learned Standing counsel takes notice on behalf of the respondent.

3. The petitioner appointed as a Junior Tradesman on 01.08.1981 and he was retired from service while working as Selection Grade Senior Tradesman in the respondent Corporation. Now the grievance of the petitioner is that his retirement benefits, namely, Provident fund amount of Rs.3,82,859/-, Surrender of earned leave 29.5 days amount of Rs.31,466/- and Social Security Scheme amount etc., have not been till date settled by the respondents.

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 respondents to settle the entire terminal benefits due and payable to the petitioner through twelve equal monthly instalments carrying interest of 6% p.a. The instalments should commence from June, 2017 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

petitioner for such non-payment of the instalments. No costs. 10.04.2017 1/3 Speaking Order/Non speaking order Index : yes/no vga To M/s.State Express Transport Corporation Ltd., Rep. by its Managing Director, No.2, Pallavan Salai, Chennai-600 002.

T.RAJA, J.

vga W.P.No.1122 of 2017 10.04.2017 1/3 http://www.judis.nic.in