T.Ravindran v. The Additional Chief Secretary
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 11-04-2019
CORAM
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM W.P.No.14138 of 2018 T.Ravindran ... Petitioner Vs.
1.The Additional Chief Secretary to Government, Transport Department, Secretariat, Chennai-600 009.
2.M/s.Tamil Nadu State Transport Corporation (Kum) Ltd., Represented by its Managing Director, Railway Station New Road, Kumbakonam.
... Respondents Writ Petition is filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing the respondents settle the terminal benefits in the light of the orders passed by the Division Bench of the Hon'ble High Court of Madras in WP(MD) No.10793 of 2007 dated 10.3.2015 and WP(MD) No.13135 of 2017 and 23281 of 2017 dated 4.1.2018 and consequent deemed promotion by taking into consideration of the representation of the petitioner dated 5.5.2018. For Petitioner : Mr.D.Soundar Raj For Respondent-1 : Mr.D.Suriya Narayanan, Additional Government Pleader.
For Respondent-2 : Mr.P.Kannankumar
O R D E R
The relief sought for in the present writ petition is for a direction to direct the respondents settle the terminal benefits in the light of the orders passed by the Division Bench of the Hon'ble High Court of Madras in WP(MD) No.10793 of 2007 dated 10.3.2015 and WP(MD) No.13135 of 2017 and 23281 of 2017 dated 4.1.2018 and consequent deemed promotion by taking into consideration of the representation submitted by the petitioner on 5.5.2018.
2. In respect of the similarly placed writ petitioner one Mr.R.Tamilarasan, the Madurai Bench of Madras High Court passed an order in WP (MD) No.3491 of 2018 dated 21.3.2018, which reads as under:- "Heard the learned counsel on either side.
2. By consent of both parties, the main Writ petition is taken up for final disposal.
3. The petitioner was employed as a Conductor in the respondent/Corporation.
He reached the age of superannuation on 31.05.2016. However, the terminal benefits payable to him were not disbursed on account of pendency of criminal proceedings. He was however relieved from service. In the case of co-delinquents, the Hon'ble Division Bench by order dated 16.06.2017 made in W.A.(MD).No.618 of 2017-(The General Manager, Tamil Nadu State Transport Corporation Limited, Kumbakonam Vs.
R.Krishnamoorthy), directed disbursement of the terminal benefits.
However payment of interest was denied.
4. Following the said order of Hon'ble Division Bench, the respondents herein are directed to settle the terminal benefits payable to the petitioner within a period of eight weeks from the date of receipt of a copy of this order. It is made clear that the interest will not be paid to the petitioner for such belated settlement.
5. The Writ Petition is allowed accordingly. No costs."
3. The learned Additional Government Pleader appearing on behalf of the first respondent and the learned counsel appearing on behalf of the second respondent states that the case of the writ petitioner also squarely falls within the ambit of the case decided by the Madurai Bench of Madras High Court in WP (MD) No.3491 of 2018 dated 21.3.2018 and accordingly, the same order may be passed and the benefit extended to Mr.R.Tamilarasan can be extended to the present writ petitioner also.
4. Thus, the respondents are directed to settle the terminal benefits payable to the petitioner within a period of twelve weeks from the date of receipt of a copy of this order. It is made clear that the interest will not be paid to the petitioner for such belated settlement.
5. Accordingly, the writ petition stands allowed. However, there shall be no order as to costs. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar To 1.The Additional Chief Secretary to Government, Transport Department, Secretariat, Chennai-600 009.
2.The Managing Director, M/s.Tamil Nadu State Transport Corporation (Kum) Ltd., Railway Station New Road, Kumbakonam.
+1cc to Mr.D.Soundararaj, Advocate Sr.36086 +1cc to the Government Pleader Sr.36433 WP 14138 of 2018 ev[co] srg 10/05/2019