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Madras High CourtWP/9228/2016disposed of

R.Ganapathi v. The Managing Director

2016-03-11Honourable Mr Justice T.Raja2 pages

In the High Court of Judicature at Madras Dated: 11.03.2016 Coram:

The Honourable Mr.Justice T.RAJA Writ Petition No.9228 of 2016 R.Ganapathi ...

Petitioner

Versus

The Managing Director Tamil Nadu State Transport Corporation Salem) Limited No.12 Ramakrishna Road Salem-636 007.

...

Respondent Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus directing the respondent to settle all the terminal benefits due and payable to the petitioner with interest at 12% per annum with effect from 31.12.2012, within a time limit to be stipulated by this Court.

For Petitioner ..

Mr.A.Selvaraju For Respondent ..

Mr.R.K.Gandhi

ORDER

The petitioner, Mr.R.Ganapathi has filed this writ petition for issuance of a writ of mandamus directing the respondent to settle all the terminal benefits due and payable to the petitioner with interest at 12% per annum with effect from 31.12.2012, within the time stipulated by this Court.

2. Heard the learned counsel for the petitioner and Mr.R.K.Gandhi, learned counsel, who takes notice on behalf of the respondent.

3. The petitioner Mr.R.Ganapathi, who joined as Conductor and promoted as Senior Assistant and then as Superintendent in the Transport Corporation, retired from Service with effect from 31.12.2012. But his terminal benefits, like Gratuity, ERBS Pension Arrears, Surrender Leave Salary and Dearness Allowance arrears have not been disbursed. Therefore, the petitioner has given representation. As there is no response to his https://hcservices.ecourts.gov.in/hcservices/

representation, he has come to this Court with the present Writ Petition.

4. Since the issue is squarely covered by the various orders passed by this Court, in the light of the Hon'ble Division Bench judgment in W.A.(MD) Nos.383 to 457 of 2015 dated 12.6.2015 (K.Rajendran and others v. The Tamil Nadu State Transport Corporation (Madurai) Limited represented by its Managing Director, Madurai and others), this writ petition is disposed of with a direction to the respondent to settle the entire terminal benefits due and payable to the petitioner through twelve equal monthly instalments carrying interest of 6% p.a. The instalments should commence from April, 2016 and each of the instalments should be paid on or before 7th of each month. In case of any delay in 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 petitioner for such non-payment of the instalments. No costs. Sd/- Assistant Registrar(CS-VII) //True Copy// Sub Assistant Registrar mra To The Managing Director Tamil Nadu State Transport Corporation Salem) Limited No.12 Ramakrishna Road Salem-636 007.

+1 cc to Mr.A.Selvaraju, Advocate, sr.15890 Writ Petition No.9228 of 2016 gj co kra 29.03.2016 https://hcservices.ecourts.gov.in/hcservices/