T.K.Karuppannan v. The Managing Director,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 15.04.2016
CORAM
THE HONOURABLE MR.JUSTICE T.RAJA W.P.No.13884 of 2016 T.K.Karuppannan ..Petitioner -vsThe Managing Director, Tamil Nadu State Transport Corporation (Salem) Limited, No.12, Ramakrishna Road, Salem-636 007.
..Respondent Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus, directing the respondent to disburse the surrender leave salary i.e. Earned leave balance credited as on 30.09.2013 the salary to be paid for medical leave balance credited as on 01.09.2013 and earned leave already surrendered but amount yet to be paid for 45 days with interest at 12% per annum with effect from 30.09.2013 within the time stipulated by this Court. For Petitioner ::
Mr.A.Selvaraju For Respondent ::
Mr.R.K.Gandhi
ORDER
The petitioner has filed this writ petition for issuance of a writ of mandamus, directing the respondent to disburse the surrender leave salary i.e. Earned leave balance credited as on 30.09.2013 the salary to be paid for medical leave balance credited as on 01.09.2013 and earned leave already surrendered but amount yet to be paid for 45 days with interest at 12% per annum with effect from 30.09.2013 within the time stipulated by this Court.
2. Heard the learned counsel for the petitioner. Mr.R.K.Gandhi, learned Standing counsel takes notice on behalf of the respondent.
3. The petitioner joined as a Record Clerk in the respondent Corporation on 20.05.1980 and he was retired from service on 30.09.2013 while working at Traffic Cell of the respondent Corporation. Now the grievance of the petitioner is that his retirement benefits, namely, surrender leave salary i.e. Earned https://hcservices.ecourts.gov.in/hcservices/
leave, salary to be paid for medical leave and earned leave already debited but amount not paid, have not been till date settled by the respondent.
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 respondent 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 May, 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 petitioner for such non-payment of the instalments. No costs. Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar vga To The Managing Director, Tamil Nadu State Transport Corporation (Salem) Limited, No.12, Ramakrishna Road, Salem-636 007.
+1cc to Mr.A. Selvaraju, Advocate, S.R.No.23647 +1cc to Mr.R.K. Gandhi, Advocate, S.R.No.23734 AD(CO) EU(3/05/2016) W.P.No.13884 of 2016 https://hcservices.ecourts.gov.in/hcservices/