Madras High CourtWP(MD)/5167/2017disposed of

M.Mohammed Sulaiman, v. The Managing Director,

2017-03-27Honourable Mr Justice V. Parthiban2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 27.03.2017

CORAM

THE HONOURABLE MR.JUSTICE V.PARTHIBAN W.P(MD)No.5167 of 2017 M.Mohammed Sulaiman ..Petitioner Vs 1.The Managing Director, Tamil Nadu State Transport Corporation - (Tirunelveli Ltd.,) Tirunelveli.

2.The General Manager, Tamil Nadu State Transport Corporation - (Tirunelveli Ltd.,) Nagercoil Region, Ranithottam, Nagercoil.

..Respondents.

Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondents to disburse the leave salary for 297.5 days (EL 209.0 + ML 88.5) to the petitioner.

For Petitioner : Mr.C.T. Perumal For Respondents : K.Sathiya Singh Standing Counsel

ORDER

The petitioner has approached this Court seeking a direction to the respondents to disburse the leave salary for 297.5 days (EL 209.0 + ML 88.5) to the petitioner.

2.Mr.K.Sathiya Singh, the learned Standing Counsel takes notice for the respondents. By consent of both sides, this Writ Petition itself is taken up for disposal at the time of admission itself.

3.According to the learned Standing Counsel for the respondents, he has no objection for the relief to be granted to the petitioner in view of the fact that a Division Bench of this Court in W.A.(MD) Nos.383 to 457 of 2015 dated 12.06.2015 has passed orders directing the transport Corporations to settle the terminal benefits of its employees in equal monthly installments https://hcservices.ecourts.gov.in/hcservices/

and to pay 6% interest on the terminal benefits payable to the workman, in default to pay 18% interest for the defaulted period of installments.

4.A learned Single Judge of this Court has also passed identical orders in W.P.(MD) No.21112 of 2016 dated 04.11.2016. 5.In these circumstances, this Writ Petition is disposed of with the following directions:

(i) The second respondent is directed to disburse the leave salary for 297.5 days (EL 209.0 + ML 88.5) to the petitioner by 12 equated monthly installments, which shall be commenced from May, 2017.

(ii) The said payment shall carry interest at 6% per annum from the date of retirement till date of actual payment. In case there is any delay in making installments, the interest payable could be 18% for the delayed period.

There shall be no order as to costs.

Sd/- Assistant Registrar(CS-III) /True Copy/ Sub Assistant Registrar To The IV Additional District Court, Madurai.

+1cc to M/s. C.T.PERUMAL Advocate in SR.No.18228 +1cc to M/s.K.SATHIYA SINGH Advocate in SR. No.18075 JS/SV.MMS/SAR.4/17.04.2017/2P-3C W.P(MD)No.5167 of 2017 27.03.2017 https://hcservices.ecourts.gov.in/hcservices/