Sankarapandian. M v. The Director

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 20.11.2024

CORAM:

THE HON'BLE MR JUSTICE R.VIJAYAKUMAR and WMP(MD).No.20305 of 2023 1.Dr.M.Sankarapandian 2.R.Palanichamy .... Petitioners Vs.

1.The Director The Gandhigram Institute of Rural Health and Family Welfare Trust Ambathurai R.S., Gandhigram Post Dindigul 624 302 2.The Chairman Board of Trustees The Gandhigram Institute of Rural Health and Family Welfare Trust Ambathurai Gandhigram Dindigul 624 301 .....Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying for a Writ of Mandamus, directing the respondents to disburse the terminal benefits namely encashment of earned leave and unearned leave on

private affairs ( EL and UELPA) on the basis of the 7th pay commission recommendations of the Tamil Nadu State along with due interest to the petitioners.

(Prayer amended vide Court order dated 14.10.2024) For Petitioner : Mr.L.Prabhu For Respondents : Mr.V.Kathikeyan

ORDER

The instant writ petition has been filed by a retired staff of the respondents' institute seeking a mandamus directing the respondents to disburse terminal benefits namely encashment of Earned Leave and Unearned Leave on Private Affairs (EL and UELPA) on the basis of 7th pay commission recommendation along with due interest.

2.According to the learned counsel for the petitioner, though the petitioner namely Mr.M.Sankarapandian had attained superannuation on 31.05.2022, yet the benefits were released only in June 2024. As far as the second petitioner namely Mr.R.Palanichamy is concerned, he retired on 28.02.2019. The terminal benefits are yet to be released.

3.The learned counsel for the respondents, on written instructions, submits that as far as the case of the second petitioner is concerned, the benefits would be disbursed shortly.

4.Considering the above said facts, the respondents institute are directed to pay 6% interest as far as the case of the first petitioner is concerned, for the belated disbursement of terminal benefits from due date till the date of disbursement within a period of 12 weeks from the date of receipt of a copy of this order. As far as the second petitioner is concerned, the terminal benefits shall be released within a period of 8 weeks from the date of receipt a copy of this order along with 6% interest. However, it is the contention of the respondents that the terminal benefit is released on the date of retirement itself. 5.With the above said observations, this writ petition stands disposed of. No costs. Consequently, connected miscellaneous petition is closed. 20.11.2024 Index : Yes/No Internet : Yes/No NCC:

: Yes/No msa

R.VIJAYAKUMAR, J.

msa and WMP(MD).No.20305 of 2023 20.11.2024