N.Sathasivam (Died) v. The General Manager,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 05.03.2019

CORAM:

THE HONOURABLE MR.JUSTICE R.MAHADEVAN WP(MD)No.17051 of 2015 and MP(MD)No.1 of 2015 N.Sathasivam (died) 1.S.Kamalam 2.S.Sviaprakasham 3.S.Annalakshmi 4.S.Anandaprakash ... Petitioners [Petitioner Nos.1 to 4 were substituted [Lrs] of the deceased sole petitioner vide order dated 04.01.2017 in WMP(MD) No.5365 of 2016] Vs.

The General Manager, Tamil Nadu State Transport Corporation, Bypass Road, Madurai - 625 010 ... Respondent PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the respondent to pay terminal benefits calculating qualifying service from the date of appointment 11.11.1974 and directing to provide Earned Leave and Unearned Leave encashment along with interest to the petitioners.

For Petitioners : Mr.S.Saji Bino For Respondent : Mr.AP. Muthupandian

ORDER

This writ petition has been filed seeking to direct the respondent to pay terminal benefits by calculating the qualifying service from the date of appointment, i.e., 11.11.1974 and to provide Earned Leave and Unearned Leave encashment along with interest to the petitioners.

2.The terminal benefits payable by calculating the qualifying service rendered by the deceased petitioner, from his date of appointment on 11.11.1974, have not been settled by the respondent and hence, this writ petition.

3.Upon instructions, the respondent has filed the counter affidavit, wherein at paragraph No.5, it has been explained as follows:

"5. I humbly submit the details of settlement of terminal benefits as follows:

Sl.

Particulars Amount in Cheque No/ No Date Provident Fund 54160 903784 / 30.06.2011 SSS 20328 August' 2011 IRT Contribution 3760 September'2011 Gratuity 468185 30.12.2013 through ECS Pension Commutation 243194 Through ECS 2011 Leave Salary 241131 Monthly Pension 13485 From 01.07.2011 Rs 6.I deny the averments in Para No.7 and 8 as false, the unavailed leave salary only Rs.241131/- was not settled due to the acute financial crisis prevailing in the respondent Transport Corporation, as and when the Government sanctions funds the respondent Transport Corporation will settle immediately."

4.Such a counter affidavit came to be filed on 15.03.2018, even then nothing moved on. The learned Counsel for the petitioners seeks appropriate direction to fix an outer time limit for such payment. The learned Counsel appearing for the respondent seeks eight weeks time for the settlement.

5.Under such circumstances, the respondent is directed to settle the dues in favour of the petitioners, within a period of eight weeks from the date of receipt of a copy of this order. 6.With the above direction, this writ petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar (AD-I) /True Copy/ Sub Assistant Registrar

To The General Manager, Tamil Nadu State Transport Corporation, Bypass Road, Madurai - 625 010 +1CC TO Mr.S.Saji Bino, Advocate, Sr No.51829 WP(MD)No.17051 of 2015 05.03.2019 dsk SP/SAR-4/13.03.2019/3P.3C