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Madras High CourtWP/14883/2016disposed of

G. Thirumoorthi v. The Government Of Tamil Nadu

2016-04-22Honourable Mr Justice T.Raja3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.04.2016

CORAM

THE HONOURABLE MR.JUSTICE T.RAJA W.P.No.14883 of 2016 G.Thirumoorthi ..

Petitioner -vs1. The Government of Tamil Nadu, rep. by Principal Secretary to Government, Transport Department, Fort St. George, Chennai-600 009.

2. The Managing Director, Tamil Nadu State Transport Corporation (CBE) Limited, 37, Mettupalayam Road, Coimbatore - 641 043.

..

Respondents Petition filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Mandamus, directing the 2nd respondent to disburse the retirement benefits of leave salary for a sum of Rs.4,36,059/- and leave on private affairs for a sum of Rs.1,80,000/- with 18% interest on delayed payment to the petitioner, who is retired from service on 30.04.2011 as Deputy Manager in the second respondent's office based on the order made in W.P. (MD) No.14663 of 2015 dated 21.08.2015. For Petitioner::

Mr.D.Veerasekaran For Respondents::

Mr.R.Vijayakumar, Additional Government Pleader for R1 Mr.S.Sairaman for R2

ORDER

The petitioner has filed this writ petition for issuance of a writ of mandamus, directing the 2nd respondent to disburse the retirement benefits of leave salary for a sum of Rs.4,36,059/- and leave on private affairs for a sum of Rs.1,80,000/- with 18% interest on delayed payment to the petitioner, who is retired from service on 30.04.2011 as Deputy Manager in the second respondent's office based on the order made in W.P. (MD) No.14663 of 2015 dated 21.08.2015.

2.Heard the learned counsel appearing for the petitioner. Mr.R.Vijayakumar, learned Additional Government Pleader takes notice on behalf of the first respondent and Mr.S.Sairaman, learned Standing Counsel takes notice on behalf of the second respondent.

3.The petitioner joined as a Superintendent at Cheran Transport Corporation on 01.07.1981 and he was retired from the service on attaining the age of superannuation on 30.04.2011 while working in the Coimbatore Region of the second respondent Corporation as a Deputy Manager. Now the grievance of the petitioner is that his retirement benefits, namely, leave on private affairs and leave surrender salary, have not been till date settled by the respondents.

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), 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 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(CS VII) //True Copy// Sub Assistant Registrar To 1.The Principal Secretary to Government, The Government of Tamil Nadu, Transport Department, Fort St. George, Chennai-600 009.

2.The Managing Director, Tamil Nadu State Transport Corporation (CBE) Limited, 37, Mettupalayam Road, Coimbatore - 641 043.

+1cc to Mr.D.Veerasekaran, Advocate, S.R.No.25019 +1cc to the Government Pleader, S.R.No.25396 W.P. No.14883 of 2016 pur(CO) srg(27/04/2016)