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Madras High CourtWP(MD)/3491/2018allowed

R.Tamilarasan, S/O.Raju, v. The Managing Director,

2018-03-21Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.03.2018 CORAM :

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD).No.3491 of 2018 and W.M.P.(MD).No.3621 of 2018 R.Tamilarasan

...Petitioner

Vs.

1. The Managing Director, Tamil Nadu State Transport Corporation (KUM) Ltd., Railway Station New Road, Kumbakonam.

2. The General Manager, Tamil Nadu State Transport Corporation (KUM) Ltd., Railway Station New Road, Kumbakonam.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, calling for the records pertaining to the impugned order passed by the 2nd respondent in jmNghf/Fk;g/eph;-8/gX/05/2016 dated 27/05/2016 quash the same as illegal and consequently direct the respondents to settle terminal benefits with interest of 18% to the petitioner. For Petitioner : Mr.N.Rahamadullah For Respondents : Mr.D.Sivaraman

ORDER

Heard the learned counsel on either side.

2.By consent of both parties, the main Writ petition is taken up for final disposal.

3.The petitioner was employed as a Conductor in the respondent/Corporation. He reached the age of superannuation on 31.05.2016. However, the terminal benefits payable to him were not disbursed on account of pendency of criminal proceedings. He was however relieved from service. In the case of co-delinquents, the Hon'ble Division Bench by order dated 16.06.2017 made in W.A.(MD). No.618 of 2017-(The General Manager, Tamil Nadu State Transport Corporation Limited, Kumbakonam Vs. R.Krishnamoorthy), directed disbursement of the terminal benefits. However payment of interest was denied.

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4.Following the said order of Hon'ble Division Bench, the respondents herein are directed to settle the terminal benefits payable to the petitioner within a period of eight weeks from the date of receipt of a copy of this order. It is made clear that the interest will not be paid to the petitioner for such belated settlement.

5.The Writ Petition is allowed accordingly. No costs. Sd/- Assistant Registrar (CS-II) /True Copy/ Sub Assistant Registrar +1CC to Mr.N.Rahamadullah Advocate in SR.No.56673, +1CC to Mr.D.Sivaraman Advocate in SR.No.56738. TSG DS/SV/MMS/SAR-4 :07.05.2018: 2P/3C W.P.(MD).No.3491 of 2018 21.03.2018 https://hcservices.ecourts.gov.in/hcservices/