P.Gurusamy v. The Management

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED 31.07.2015

CORAM

THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN W.P.(MD)NO.13499 of 2015 and M.P.(MD)No.1 of 2015 P.Gurusamy ..Petitioner Vs The Management of Tamil Nadu State Transport Corporation (Madurai ) Ltd., Dindigul Region, represented by its General Manager, Dindigul.

..Respondent Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus calling for the records from the respondent relating to the impugned order dated 07.05.15 passed in Ref: LD.L1:1478/15 quash the same and consequently direct the respondent to pay Rs.1,36,279/- to the petitioner towards Leave Salary together with 18% interest per annum from 01.08.2011 within a time frame as may be fixed by this Court. For Petitioner :Mr. S.Arunachalam For Respondent : Mr.A.P.Muthupandian

ORDER

When the matter is taken up for hearing, Mr.A.P.Muthupandian, learned Standing Counsel appearing for the respondent submitted that the issue is covered by a judgment, passed by the Honourable Division Bench in WA (MD).Nos.383 to 457 of 2015, dated 12.06.2015. He would further submit that the respondents would consider the request of the petitioner, in the light of the judgment passed by the Honourable Division Bench.

2. For ready reference, the judgment passed by the Honourable Division Bench in WA (MD).Nos.383 to 457 of 2015, dated 12.06.2015 is extracted as follows:

"The learned Additional Advocate General submits that he has obtained written instructions vide letter No.7945/E/2015-2 dated 11.06.2015 that the terminal benefits of the appellants would be settled through twelve equal monthly instalments, carrying interest of 6% p.a.

2.The said statement is thus taken on record and the respondents will be bound by the same, we have to keep in mind the judicial pronouncement of the Honourable Supreme Court in D.D.TEWARI (D) THR. LRS. Vs. UTTAR HARYANA BIJLI VITRAN NIGAM LTD & ORS {2014 (9) SCALE - 78}, wherein it is held that in case of any delay in making the payment https://hcservices.ecourts.gov.in/hcservices/

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 appellants for noncompliance of undertaking given to this Court. 3.The instalments to be paid from July 2015 and each instalment should be paid on or before 7th of each month. 4.The writ appeals are disposed of accordingly. No costs."

3. Taking note of the fact that in the aforesaid judgment that the instalment has to be paid from July 2015 and that the instalment should be paid on or before 7th day of each month, the respondent is directed to commence instalments from September 2015 and pay the amount in installments as per the direction given by the Honourable Division Bench in the above said judgment.

4.The writ petition is disposed of with the above direction. There is no order as to costs. Consequently, the connected Miscellaneous Petition is closed.

Sd/- Assistant Registrar(T&P) /TRUE COPY/ Sub Assistant Registrar To The General Manager, Tamil Nadu State Transport Corporation (Madurai ) Ltd., Dindigul Region, Dindigul.

W.P.(MD)NO.13499 of 2015 and M.P.(MD) No.1 of 2015 31.07.2015 ssl PA/AMF/KBM/SAR-I/SAR-II/24.08.2015/2P/2C (IT) https://hcservices.ecourts.gov.in/hcservices/