Madras High CourtWP/31843/2016disposed of

P.Kandasamy v. M/S.State Express Transport

2016-09-14Honourable Mr Justice R.Subbiah2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 14.09.2016

CORAM

THE HONOURABLE MR.JUSTICE R.SUBBIAH W.P.No.31843 of 2016 P.Kandasamy ... Petitioner Vs.

M/s.State Express Transport Corporation Ltd., Rep. by its Managing Director No.2, Pallavan Salai, Chennai - 600 002.

... Respondent Prayer:

Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondent to settle the terminal benefits of the petitioner of Gratuity amount of Rs.7,00,000/-, Social Security Scheme amount of Rs.25,000/-, Earned Leave 240 days and 23 days of Medical Leave amount of Rs.3,96,253/- and Erode Engineering College, Perundurai Medical College and Polytechnic refund amount of Rs.4,500/- altogether a sum of Rs.11,25,753/- with interest at the rate of 6% per annum taking into consideration of the representation of the petitioner dated 29.08.2016. For Petitioner : Mr.D.Soundarraj For Respondent : Mr.P.Kannan Kumar

O R D E R

By consent, the writ petition is taken up for final disposal.

2.The present writ petition has been filed seeking a Mandamus directing the respondent to settle the terminal benefits of the petitioner of Gratuity amount of Rs.7,00,000/-, Social Security Scheme amount of Rs.25,000/-, Earned Leave 240 days and 23 days of Medical Leave amount of Rs.3,96,253/- and Erode Engineering College, Perundurai Medical College and Polytechnic refund amount of Rs.4,500/- altogether a sum of Rs.11,25,753/- with interest at the rate of 6% per annum taking into consideration of the representation of the petitioner dated 29.08.2016.

3.It is the case of the petitioner that he joined in the respondent corporation on 16.10.1984 and retired from service on 30.04.2016 as Driving Instructor. The petitioner was not paid the retirement benefits like Gratuity, Social Security Scheme amount, Earned Leave 240 days and 23 days of Medical Leave amount and Erode Engineering College, Perundurai Medical College and Polytechnic refund amount. Hence, the petitioner made a representation dated 29.08.2016 to the respondent requesting to pay all the retirement benefits But the same https://hcservices.ecourts.gov.in/hcservices/

5.The issue involved in the present writ petition is squarely covered by the judgment of the Division Bench of the Madurai Bench of this Court dated 12.6.2015 made 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).

6.Following the said judgment, without going into the merits of the matter, the respondent is directed to disburse the aforementioned retiral benefits to the petitioner herein, 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 1.12.2016. 7.With the above direction, the present writ petition is disposed of. No costs.

Sd/- Assistant Registrar(J) //True Copy// Sub Assistant Registrar To Managing Director State Express Transport Corporation Ltd., No.2, Pallavan Salai, Chennai - 600 002.

+1cc to M/S.P.Kannan kumar, Advocate Sr.52691 W.P.No.31843 of 2016 ppa[co] srg 19/10/2016 https://hcservices.ecourts.gov.in/hcservices/