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Madras High CourtWP(MD)/14294/2020disposed of

D.Rajakani v. The Deputy Secretary To Govt

2022-03-15Honourable Mr Justice S.M. Subramaniam2 pages

W.P.(MD) No.14294 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 15.03.2022

CORAM

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM W.P.(MD) No.14294 of 2020 D.Rajakani ... Petitioner Vs.

1.The Deputy Secretary to Government, Transport (C1) Department, Secretariat, Chennai - 9.

2.The Managing Director Tamilnadu State Transport Corporation, (Maudurai Ltd.,) Madurai Regional Office, Bye- Pass Road, Madurai - 10.

3. The General Manager Tamilnadu State Transport Corporation Ltd., Virudhunagar Division.

... Respondents Prayer:-Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Mandamus, directing the respondents to disburse the surrendered Earned Leave salary of Rs.82,262/-, Gratuity difference of Rs.61,644/-,(*)Difference in arrears of Earned Leave Salary Rs.49,504/-, difference in arrears of commutation Rs.3,39,125/- and difference in Dearness Allowance of Rs.41,751/- with regard to the implementation of 7th Pay Commission and also pay the interest of 18% till the date of final settlement. For Petitioner :

Mr.S.Arivalagan For Respondents :

Mr.N.Satheesh Kumar Addl. Government Pleader for R1 Mr.J.Senthil Kumar for R2 and R3

O R D E R

The relief sought for in the present Writ Petition is to direct the the respondents to disburse the surrendered Earned Leave salary of Rs.82,262/-, Gratuity difference of Rs.61,644/- (*) Difference in arrears of Earned Leave Salary Rs.49,504/-,difference in arrears of commutation Rs.3,39,125/- and difference in Dearness Allowance of Rs.41,751/- with regard to the implementation of 7th Pay Commission and also pay the interest of 18% till the date of final settlement.

https://www.mhc.tn.gov.in/judis 1/2

W.P.(MD) No.14294 of 2020

2. The learned counsel appearing for the respondents made a submission that the scheme has already been implemented and the part amount has already been paid to the employee. It is further contended that the balance dues will be settled within a period of three months to the petitioner.

3. In view of the said submission of the respondents, it is suffice if a direction is issued to the respondents to settle the benefits, for which he is eligible within a period of three months from the date of receipt of a copy of this order.

4. Accordingly, the Writ Petition stands disposed of. No costs.

Sd/- Assistant Registrar (P&A) (*) Corrected as per the order of this Hon'ble Court dated 21/07/2022 made in WP(MD).14294 of 2020.

Sd/- Assistant Registrar (P&A) // True Copy // / /2022 Sub Assistant Registrar(CS) To To be subsituted to the order already despatched in 25/04/2022 1.The Deputy Secretary to Government, Transport (C1) Department, Secretariat, Chennai - 9.

2.The Managing Director Tamilnadu State Transport Corporation, (Maudurai Ltd.,) Madurai Regional Office, Bye- Pass Road, Madurai - 10.

3. The General Manager Tamilnadu State Transport Corporation Ltd., Virudhunagar Division.

+1 CC to M/s.S.ARIVALAGAN, Advocate ( SR-12306[F] dated 15/03/2022 ) +1 CC to M/s.SPL GP ( SR-12434[F] dated 16/03/2022 ) W.P.(MD) No.14294 of 2020 15.03.2022 KG(CO) KB(20.04.2022) 2P 6C SS(26.07.2022) 2P 6C https://www.mhc.tn.gov.in/judis 2/2