Madras High CourtWP(MD)/4649/2018allowed

K.Thiyagarajan v. The Managing Director

2018-03-27Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.03.2018

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.4649 of 2018 and W.M.P.(MD)No.4722 of 2018 K.Thiyagarajan ... Petitioner -Vs1.The Managing Director, Tamil Nadu State Transport Corporation (Kum) Limited, Railway Station New Road, Kumbakonam.

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

... Respondents PRAYER:Writ Petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Certiorarified Mandamus, calling for the records pertaining to the impugned order passed by the second respondent in j.m.Nghf/Fk;g/eph;- 8/gX/209-09/2010-7-2, dated 21.07.2010, quash the same as illegal and consequently direct the respondents to settle terminal benefits with interest of 18% to the petitioner. For Petitioner : Mr.K.Gokul For Respondents : Mr.D.Sivaraman

ORDER

Heard the learned counsel on either side.

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

3.The petitioner was employed as Senior Security Guard in the respondent/Corporation. He reached the age of superannuation on 31.07.2010. However, the terminal benefits payable to him were https://hcservices.ecourts.gov.in/hcservices/

not disbursed on account of pendency of corruption case against him. He was however relieved from service. In the case of codelinquents, 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.

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 twelve 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. Consequently, the connected miscellaneous petition is closed. Sd/- Assistant Registrar(CO) /True Copy/ Sub Assistant Registrar tsg TO +1 CC TO Mr. K.GOKUL , Advocate, Sr.No. 58789 +1 CC TO Mr. D.SIVARAMAN , Advocate, Sr.No. 58315 JAM/29/05/2018/ SKN-RSK/SAR 2/ 2P-3C W.P.(MD)No.4649 of 2018 27.03.2018 https://hcservices.ecourts.gov.in/hcservices/