w w w . L a w y e r S e r v i c e s . i n

A. Kumaraswamy v/s The General Manager, The State Express Transport Corporation (Tamilnadu) Ltd.

    W.P(MD) No. 19383 of 2017

    Decided On, 29 November 2017

    At, Before the Madurai Bench of Madras High Court


    For the Petitioner: R. Murugan, Advocate. For the Respondent: K. Sathiyasingh, Advocate.

Judgment Text

(Prayer: Petition filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Mandamus, directing the respondent to pay the petitioner Rs.1,97,456/- towards leave salary and also other benefits together with 18% interest per annum within a time frame that may be fixed by this Hon'ble Court.)

1. This writ petition has been filed to direct the respondents to pay the leave salary and other benefits with interest to the petitioner as per the similar order of this Hon'ble Court dated 12.06.2015 in W.A.(MD) Nos.383 to 457 of 2015 from the date of his retirement within a time limit that may be fixed by this Court.

2. Heard Mr.R.Murugan, the learned counsel appearing for the petitioner and Mr.K.Sathiya Singh, the learned counsel who takes notice for the respondent. By consent, this Writ Petition is taken up for final disposal at the stage of admission itself.

3. It is brought to the notice of this Court by the learned counsel on both sides that a Division Bench of this Court by order dated in W.P.(MD) Nos.383 to 457 of 2015, while dealing with the payment of terminal benefits of the employees of the Transport Corporation has passed the following order:

The learned Additional Advocate General submits that he has obtained written instructions vide letter No.7945/E/2015-2 dated 11/6/2015 that the terminal benefits of the appellants would be settled through twelve equal monthly instalments, carrying interest of 6% p.a.

2. The said statement is thus taken on record and the respondents will be bound by the same. We have to keep in mind the judicial pronouncement of the Honourable Supreme Court in D.D.TEWARI (D) THR. LRS. Vs. UTTAR HARYANA BIJLI VITRAN NIGAM LTD & ORS (2014 (9) SCALE – 78), wherein it is held that in case of any delay in making the payment of the instalments, the interest payable would become 18% p.a., for the delayed period apart from any other remedy which may be available to the appellants for non-compliance of undertaking given to this Court.

3. The instalments to be paid from July 2015 and each installments should be paid on or before 7th of each month.

4. The Writ Appeals are disposed of accordingly. No costs.

Consequently, the connected Miscellaneous Petitions are closed.'

4. Since the petitioner has sought for a similar relief of payment of leave salary and other benefits, this Writ Petition is disposed of with the following directions:

(i) the respondent shall inform the eligible amount to be paid to the petitioner on or before 15th December, 2017;

(ii) the leave salary and other benefits shall be paid to the petitioner in 12 equal monthly instalments, carrying interest at 6% p.a. commencing from January, 2018, which should be paid on or before 7th day of each month;

(iii) in the event of default of payment of instalments, the defaulted amount shall carry interest at the rate of 18%

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per annum for the delayed period; (iv) in the event of default of payment of the instalments or there is any factual dispute on computation of the aforesaid amounts resulting in short payment, the petitioner shall be at liberty to pursue the available remedies for the same in accordance with law. No costs.