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Madras High CourtWP/7501/2017disposed of

S.Kulanthasami v. The Managing Director

2017-03-28Honourable Mr Justice T.Raja3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.03.2017

CORAM

THE HONOURABLE MR.JUSTICE T.RAJA W.P.Nos.7501 to 7504 of 2017 S.Kulanthasami ..

Petitioner in W.P.No.7501 of 2017 R.Udayakumar ..

Petitioner in W.P.No.7502 of 2017 P.S.Arumugam ..

Petitioner in W.P.No.7503 of 2017 S.P.Mani ..

Petitioner in W.P.No.7504 of 2017 -vs1. The Managing Director Tamil Nadu State Transport Corporation (Salem) Limited 12, Ramakrishna Salai Salem 636 007 .. Respondent in W.P.Nos.7501, 7503 & 7504 of 2017

2. The Managing Director Tamil Nadu State Transport Corporation (Covai) Limited Coimbatore 641 043 ..

Respondent in W.P.No.7502 of 2017 W.P.No.7501 of 2017 is filed under Article 226 of the Constitution of India, praying for the issue of a Writ of Mandamus, directing the respondent to pay the retirement benefits such as Provident Fund, Gratuity, Earned Leave, Leave Surrender, IRT share, ERBS and other benefits payable to the petitioner with interest at the rate of 18% from 01.10.2016 (i.e.) the date of voluntary retirement.

W.P.No.7502 of 2017 is filed under Article 226 of the Constitution of India, praying for the issue of a Writ of Mandamus, directing the respondent to pay the retirement benefits such as Provident Fund, Gratuity, Earned Leave Salary, Commutation and other benefits payable to the petitioner with interest at the rate of 18% from 01.01.2015 (i.e.) the date of retirement.

W.P.No.7503 of 2017 is filed under Article 226 of the Constitution of India, praying for the issue of a Writ of Mandamus, directing the respondent to pay the retirement benefits such as Provident Fund, Pension, Gratuity and other benefits payable to the petitioner with interest at the rate of 18% from 29.06.2012 (i.e.) the date of retirement.

W.P.No.7504 of 2017 is filed under Article 226 of the Constitution of India, praying for the issue of a Writ of Mandamus, directing the respondent to pay the retirement benefits such as Gratuity, Earned Leave, Leave Surrender, ERBS and other benefits payable to the petitioner with interest at the rate of 18% from 01.11.1994 (i.e.) the date of voluntary retirement and also the monthly pension from 01.11.1994 to till date.

For Petitioners :: Mr.T.Jeevanantham For Respondent(s) :: Mr.R.K.Gandhi

ORDER

The petitioners have filed these writ petitions seeking a direction to the respective respondent Corporation to disburse the retirement benefits, namely, Provident Fund, Gratuity, Surrender Leave Salary, etc., due and payable to them on and from the date of their retirement or voluntary retirement, as the case may be, as prayed for in the respective writ petition within a stipulated time as may be fixed by this Hon'ble Court.

2. Mr.R.K.Gandhi, learned standing counsel takes notice on behalf of the respondent.

3. Since the issue is squarely covered by the various orders passed by this Court, in the light of the Hon'ble Division Bench judgment in W.A.(MD) Nos.383 to 457 of 2015 dated 12.6.2015 (K.Rajendran and others v. The Tamil Nadu State Transport Corporation (Madurai) Limited represented by its Managing Director, Madurai and others), these writ petitions are disposed of with a direction to the respective respondent to settle the entire retirement benefits due and payable to the petitioner(s) through twelve equal monthly instalments carrying interest of 6% p.a. The instalments should commence from June, 2017 and each of the instalments should be paid on or before 7th of each month. In case of any delay in 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 petitioner(s) for such non-payment of the instalments. No costs.

s/d- Assistant Registrar(CS-VIII) True Copy Sub-Assistant Registrar

To

1. The Managing Director Tamil Nadu State Transport Corporation (Salem) Limited 12, Ramakrishna Salai Salem 636 007

2. The Managing Director Tamil Nadu State Transport Corporation (Covai) Limited Coimbatore 641 043 +4 Ccs to Mr. R.K. Gandhi, sr 19435,19433,19432,19434 +4 Ccs to Mr.T.Jeevanantham, 20083,20084,20085,20086 W.P.Nos.7501 to 7504 of 2017 RSY(CO) sp/18/4