Institute Of Road Transport v. M S Ramprasad

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 16.04.2025

CORAM:

THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN AND THE HONOURABLE MR.JUSTICE G.ARUL MURUGAN and C.M.P.No. 9067 of 2025 Institute of Road Transport, represented by its Director, Taramani, Chennai - 600 113.

...Appellant Vs.

1. M.S.Ramprasad

2. Perarasu

3. Velmurugan

4. Govindan

5. N.Soundararajan

6. Government of Tamil Nadu, represented by its Principal Secretary, Transport Department, Fort St.George, Chennai - 600 009.

...Respondents

Prayer: Writ Appeal filed under Clause 15 of the Letters Patent, against the order dated 19.07.2024 made in W.P.No.20141 of 2024. 1/4

For Appellant : Mr.Gauthama Raj C.

For Respondents : Ms.G.K.Dharshini for Mr.V.Ajoy Khose

J U D G M E N T

(Judgment of the Court was made by R.SUBRAMANIAN, J.) Similar order passed by the learned single Judge in W.P.No.8690 of 2022 was subject matter of appeal in W.A.No.2619 of 2024 and a Division Bench of this Court had disposed of the appeal with the following directions:- "4. Taking into account the financial constraint of the Appellant Society and also the fact the Writ Petitioners had received all terminal benefits and only the difference in amount of arrears as per 7th Pay Commission has not been received by them, we are inclined to pass the following orders:- i) As assured by the learned Additional Advocate General, the EL Encashment shall be settled to the Writ Petitioners within a period of four weeks from today; ii) Insofar as the arrears of salary are concerned, the Appellant Society is directed to disburse the same in two instalments. The 1st instalment shall be paid within a period of three months from today and the 2nd instalment shall be paid 2/4

within three months thereafter. It is needless to mention that the payment of arrears shall carry interest at the rate of 4% per annum;

iii) In case the Writ Petitioners are entitled to any other benefits, the same shall also be settled to them, if they are otherwise eligible;

iv) Last but not the least, in the event of non compliance of the above directions by the Appellant, the Writ Petitioners are entitled to interest @ 12% per annum."

2. In view of the same, this Writ Appeal is disposed of on the same lines, subject to the same terms and conditions imposed by the Division Bench. No costs. Consequently, connected miscellaneous petition is closed.

(R.S.M., J.) (G.A.M., J.) 16.04.2025 kkn Index: No Speaking order 3/4

R.SUBRAMANIAN, J.

and G. ARUL MURUGAN, J.

KKN To:- 1.The Principal Secretary, Government of Tamil Nadu, Transport Department, Fort St.George, Chennai - 600 009.

2.The Director, Institute of Road Transport, Taramani, Chennai - 600 113.

and C.M.P.No. 9067 of 2025 16.04.2025 4/4