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Madras High CourtWP/33660/2016disposed of

G.Velayutham v. M/S.State Express Transport

2016-09-26Honourable Mr Justice R.Subbiah3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 26.09.2016

CORAM

THE HONOURABLE MR. JUSTICE R.SUBBIAH Writ Petition No.33660 of 2016 G.Velayutham ... Petitioner vs.

M/s.State Express Transport Corporation Ltd., 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 of 312 days of earned leave and medical leave of Rs.2,08,000/- with interest at the rate of 6% per annum taking into consideration of the representation of the petitioner dated 14.9.2016.

For Petitioner :

Mr.D.Soundarraj For Respondent : Mr.P.Kannan Kumar

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 his terminal benefits of 312 days of earned leave and medical leave of Rs.2,08,000/- with interest at the rate of 6% per annum taking into consideration his representation dated 14.9.2016.

3. It is the case of the petitioner that he joined the services of the Transport Corporation and he retired from service long before. The grievance of the petitioner is that though he retired from service long before, till date, he was not paid with the retirement benefits. In this regard, the petitioner submitted representations before the respondents, on various dates. However, till date, there was no response. Aggrieved against the same, the present Writ Petition has been filed.

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

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.

sbi Sd/- Assistant Registrar (J) /TRUE COPY/ Sub-Assistant Registrar To +1CC to MR.D.SOUNDARRAJ Advocate SR.NO.54616 +1CC to MR.P.KANNAN KUMAR Advocate SR.NO.54983 W.P.No.33660 of 2016 VSJ[CO] MK:24/10/2016

DATED: 26.9.2016