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Madras High CourtWP/32572/2016disposed of

M.Balagangadharan v. M/S. State Expres Transport

2016-09-19Honourable Mr Justice R.Subbiah3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 19.09.2016

CORAM

THE HONOURABLE MR. JUSTICE R.SUBBIAH Writ Petition No.32572 of 2016 M.Balagangadharan ... Petitioner vs.

M/s.State Express Transport Corporation Limited rep. by its Managing Director, No.2, Pallavan Salai, Chennai-2.

... Respondent Writ petition has been filed under Article 226 of the Constitution of India, praying for a Writ of mandamus directing the respondent to settle the terminal benefits of the petitioner, namely, Gratuity amount of Rs.6,32,600/-, Surrender of Earned Leave and Medical Leave 315 days amount of Rs.4,40,590/-, Social Security Scheme Amount of Rs.35,000/- altogether a sum of Rs.11,08,190/- with interest at the rate of 6% per annum taking into consideration of the representation of the petitioner dated 03.09.2016.

For Petitioner :

Mr.D.Soundarraj For Respondent :

Mr.S. Sairaman

ORDER

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

2. The petitioner has come up with the present writ petition for a mandamus, directing the respondent to settle the terminal benefits of the petitioner, namely, Gratuity amount of Rs.6,32,600/-, Surrender of Earned Leave and Medical Leave 315 days amount of Rs.4,40,590/-, Social Security Scheme Amount of Rs.35,000/- altogether a sum of Rs.11,08,190/- with interest at the rate of 6% per annum taking into consideration of the representation of the petitioner dated 03.09.2016, within a stipulated period fixed by this Court.

3. It is the case of the petitioner that he joined in the respondent corporation on 09.01.1988 as Conductor and retired from service on 30.06.2016 as Selection Grade Senior Conductor. On the date of his retirement, no terminal benefits

were settled to the petitioner. In this regard, he made a representation dated 03.09.2016 to the respondent requesting him to pay all the retirement benefits. But, the same was not considered so far. Hence, left with no other alternative, the petitioner has come up with the present writ petition for the relief set out earlier.

4. I have heard the learned counsel appearing for the petitioner and the learned counsel, who has taken notice on behalf of the respondent.

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(CS III) //True Copy// Sub Assistant Registrar tsi

To Managing Director, M/s.State Express Transport Corporation Limited No.2, Pallavan Salai, Chennai-2.

+1cc to Mr.D. Soundai Raj, Advocate, S.R.No.52772 NR(CO) EU(02/11/2016) W.P.No.32572 of 2016