Madras High CourtWP/12074/2017disposed of

S.Subramanian, v. The Managment Of

2017-06-02Honourable Mr Justice T.Raja7 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 02.06.2017

CORAM

THE HONOURABLE MR. JUSTICE T.RAJA W.P. Nos.12074 to 12079 of 2017 W.P.No.12074 of 2017 S.Subramanian .. Petitioner Vs.

The Management of Tamilnadu State Transport Corporation [Kovai] Ltd., Erode Region, Rep.by its Managing Director, Erode.

.. Respondent PRAYER in W.P.No.12074 of 2017 : Writ Petition has been filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the respondent to pay the petitioner Rs.11,55,972/- towards gratuity, Rs.6,71,471/- towards E.P.F. Employee's Contributions, Rs.2,76,761/- towards encashment of 66.5 days of earned leave and 30 days of already surrendered earned leave and Rs.1,96,905/- towards encashment of leave on personal affairs, together with 18% interest per annum, within a time as may be fixed by this Court.

For Petitioner : Mr.V.Ajoykhose [in W.P.No.12074 of 2017] For Respondent : Mr.P.Kannan Kumar [in W.P.No.12074 of 2017] Standing Counsel

C O M M O N O R D E R By consent, these Writ Petitions are taken up and disposed of at the stage of admission itself.

2. The petitioners joined the services of the Transport Corporation and they retired from service in the year 2016. The grievance of the petitioners is that though, they retired from service in the year 2016, till date, they were not paid with the retirement benefits. In this regard, the petitioners submitted representations before the respondent, on various dates. However, till date, there was no response. Aggrieved against the same, the present Writ Petitions were filed.

3. The learned counsel appearing for the petitioners, brought to the notice of this Court the common judgment, dated 12.06.2015, passed by the Madurai Bench of this Court in W.A.(MD) Nos.383 to 457 of 2015, wherein under similar circumstances, the Transport Corporation undertook to pay the amount due and payable to the petitioners therein in twelve equal monthly instalments. He would further submit that following the same, this Court has passed similar orders in several Writ Petitions. Accordingly, he would pray that a similar order may be passed in these Writ Petitions also.

4. The learned Standing Counsel, who took notice on behalf of the respondent, would affirm that the issue involved in these Writ Petitions is squarely covered by the judgment passed by the Madurai Bench of this Court in W.A.(MD) Nos.383 to 457 of 2015, dated 12.06.2015 and the relevant portion of the said judgment reads as follows:- "2. The said statement is thus taken on records and the respondents will be bound by the same. We have to keep in mind the judicial pronouncement of the Hon'ble Supreme Court in D.D.Tewari (D)through LRS. Vs. Uttar Haryana Bijli Vitran Nigam Ltd and Others (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 instalments should be paid on or before 7th of each month."

5. Considering the fact that the issue involved in these Writ Petitions is squarely covered by the orders passed by this Court in similar circumstances, without going into the merits of the matter, the Managing Director and General Manager of the respective Transport Corporation are directed to disburse the aforementioned retiral benefits to the petitioners herein in twelve equal monthly instalments, in the light of the common judgment passed by this Court in W.A.(MD) Nos.383 to 457 of 2015 (K.Rajendran & Others vs. The Tamil Nadu State Transport Corporation (Madurai) Limited, rep. by its Managing Director, Madurai and others), dated 12.06.2015. It is also made clear that the first instalment shall commence from first week of July 2017.

6. With the above direction, these Writ Petitions are disposed of. No costs.

02.06.2017 Index : Yes / No Internet : Yes sri

To The Managing Director, The Management of Tamilnadu State Transport Corporation [Kovai] Ltd., Erode Region, Erode.

T.RAJA, J.

sri W.P. Nos.12074 to 12079 of 2017 02.06.2017

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