Madras High CourtWP(MD)/21609/2017allowed

R.Murugaiyan, v. The General Manager,

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.21609 of 2017 and W.M.P.(MD).No.17894 of 2017 R.Murugaiyan

...Petitioner

Vs.

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

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

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, calling for the records relating to the impugned order issued by the 1st respondent in jmNghf/Fk ;g/eph ; -8/gX/13/2013 dated 13.05.2013 and quash the same as illegal and consequently direct the respondents to settle terminal benefits 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 is taken up for final disposal.

3.The petitioner was employed as a Driver in the respondent/Corporation. He reached the age of superannuation on 30.11.2012. 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 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. https://hcservices.ecourts.gov.in/hcservices/

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. Consequently, the connected miscellaneous petition is closed. Sd/- Assistant Registrar(CS-I) /True Copy/ Sub Assistant Registrar +1cc to Mr.K.Gokul, Advocate Sr.No.56669 +1cc to Mr.D.Sivaraman, Advocate Sr.No.56737 TSG VB/SV/MMS/SAR2/07/05/2018/2P/3C W.P.(MD).No.21609 of 2017 21.03.2018 https://hcservices.ecourts.gov.in/hcservices/