M.Rathinam, v. M/S.State Express Transport
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 09.06.2016
CORAM
THE HON'BLE MR.JUSTICE B.RAJENDRAN W.P.No.19458 of 2016 M.Rathinam .. Petitioner Vs.
M/s. State Express Transport Corporation Limited rep. by its Managing Director No.2, Pallavan Salai Chennai-600 002.
.. Respondent Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, to direct the respondent to settle the terminal benefits of the petitioner of 216 days of earned leave, and medical leave surrender amount of Rs.1,49,009/-, with interest at the rate of 6% per annum, taking into consideration the representation of the petitioner on various dates including the one on 07.06.2016 and to pass such further orders as this Court may deem fit and proper in the circumstances of the casse.
For Petitioner : Mr.D.Soundarraj For Respondent : Mr.S.Sairaman Standing Counsel for Transport Corporation
O R D E R
By consent, the Writ Petition is taken up and disposed of at the admission stage itself.
2. The petitioner, who joined the services as Security Guard in the respondent Corporation, on 19.02.1987, retired from service, on 31.05.2011. The grievance of the petitioner is that, though, he retired from service on 31.05.2011, till date, he was not paid with the terminal benefits, such as, earned leave for 216 days and medical leave surrender amount of Rs.1,49,009/-. Therefore, the petitioner submitted a
representation before the respondent, on 07.06.2016, seeking to pay the said terminal benefits, with interest at the rate of 6% per annum. However, till date, the same has not been considered. Hence, the present writ petition.
3. Mr.D.Soundarraj, the learned counsel appearing for the petitioner brought to the notice of this Court the common judgment, dated 12.06.2015, passed by the Madurai Bench of this Court in W.A.(MD) Nos.383 to 457 of 2015, wherein under similar circumstances, the Transport Corporation undertook to pay the amount due and payable to the petitioners therein in twelve equal monthly instalments. He would further submit that following the same, this Court has passed similar orders in several Writ Petitions. Accordingly, he would pray that a similar order may be passed in this Writ Petition also.
4. Mr.S.Sairaman, the learned Standing Counsel, who took notice on behalf of the respondent/Transport Corporation, would affirm that the issue involved in this case is squarely covered by the judgment passed by the Madurai Bench of this Court in W.A.(MD) Nos.383 to 457 of 2015, dated 12.06.2015 and the relevant portion of the said judgment reads as follows:- "2. The said statement is thus taken on records and the respondents will be bound by the same. We have to keep in mind the judicial pronouncement of the Hon'ble Supreme Court in D.D.Tewari (D)through LRS. Vs. Uttar Haryana Bijli Vitran Nigam Ltd and Others (2014 (9) SCALE -78), wherein it is held that in case of any delay in making 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 appellants for non-compliance of undertaking given to this Court.
3. The instalments to be paid from July 2015 and each instalments should be paid on or before 7th of each month."
5. Considering the fact that the issue involved in this Writ Petition is squarely covered by the orders passed by this Court in similar circumstances, without going into the merits of the matter, the respondent is directed to disburse the aforementioned terminal benefits to the petitioner in twelve equal monthly instalments, in the light of the common judgment passed by this Court in W.A.(MD) Nos.383 to 457 of 2015 (K.Rajendran & Others vs. The Tamil Nadu State Transport
Corporation (Madurai) Limited, rep. by its Managing Director, Madurai and others), dated 12.06.2015. It is also made clear that the first instalment shall commence from 01.08.2016.
6. With the above direction, this Writ Petition is disposed of. No costs.
paa Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar To M/s. State Express Transport Corporation Limited rep. by its Managing Director No.2, Pallavan Salai Chennai-600 002.
+ 1 cc to Mr.D.Soundarraj, Advocate Sr 30968 KR/20/6/16 W.P.No.19458 of 2016