← Library
Madras High CourtWP/19187/2016disposed of

B.R.Arivazhagan v. The Managing Director

2016-06-08Honourable Mr Justice B. Rajendran5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.06.2016

CORAM

THE HON'BLE MR.JUSTICE B.RAJENDRAN W.P.Nos.19187 to 19194 and 19291 and 19292 of 2016 [10 cases] B.R.Arivazhagan ... Petitioner in WP.19187 of 2016 M.V.Rajasekaran ... Petitioner in WP.19188 of 2016 P.Pachamuthu ... Petitioner in WP.19189 of 2016 G.Matheswaran ... Petitioner in WP.19190 of 2016 P.Murugesan ... Petitioner in WP.19191 of 2016 M.Alangaravelu ... Petitioner in WP.19192 of 2016 V.K.Kumanan ... Petitioner in WP.19193 of 2016 P.Natarajan ... Petitioner in WP.19194 of 2016 A.Anandan ... Petitioner in WP.19291 of 2016 G.Ramakrishnan ... Petitioner in WP.19292 of 2016 Vs 1.The Managing Director Tamil Nadu State Transport Corporation (Salem) Limited, No.12, Ramakrishna Road Salem 636 007.

2.The General Manager Tamil Nadu State Transport Corporation (Salem) Limited Dharmapuri Region Salem Main Road, Bharathipuram Dharmapuri 636 705.

...1st & 2nd Respondents in WPs.

19187 to 19194 of 2016 3.The Administrator Tamil Nadu State Transport Corporation Employees Post Retirement Welfare Fund Scheme, Thiruvalluvar House Pallavan Salai Chennai 600 002.

...3rd Respondent in WPs.19187, 19188, 19190, 19193 & 19194 of 2016 4.The Managing Director, Corporation(Villupuram) Ltd., Vazhuthareddy, Villupuram.

5.The General Manager, Corporation (Villupuram) Ltd., Vellore Region, Vellore.

...1st & 2nd Respondents in WPs.19291 & 19292 of 2016 W.P.No.19187 of 2016 : Writ petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of mandamus to the respondents to disburse the payments relating to gratuity, pension commutation, deduction pension commutation amount, welfare fund, 2013 settlement arrears, 5.5 pension arrears, D.A.arrears in pensions by calculating DA eligible as per the fixation made by the Government of Tamil Nadu periodically along with the entitled difference of dearness allowances also, with interest at 12% per annum with effect from 01.07.2015.

W.P.No.19188 of 2016 : Directing the respondents to disburse the payments relating to Gratuity, Pension Commutation, pension commutation deduction amount, Grade Pay as per 2013 Settlement Leave Encashment (Earned Leave & Medical Leave) for 50 days and 15 days Leave Surrender amount in the year 2010, Settlement arrears, D.A.Arrears in Pensions by calculating D.A. eligible as per the fixation made by the Government of Tamilnadu Periodically along with the entitled difference of dearness allowances also with interest at 12% per annum with effect from 01.09.2014.

W.P.No.19189 of 2016 : Directing the respondents to disburse the payments relating to Gratuity, Leave Encashment, ERBS amount for 23 months, Settlement arrears and Pension arrears by calculating D.A. eligible as per the fixation made by the Government of Tamilnadu periodically along with the entitled difference of dearness allowances also, with interest at 12% per annum with effect from 01.04.2013.

W.P.No.19190 of 2016 : Directing the respondents to disburse the payments relating to Gratuity, Pension Commutation, Leave Encashment (Earned Leave & Medical Leave) for 329 days, Surrendered leave from 2010 to 2014 for 75 days, 2013 settlement arrears, 5.5 Pension arrears, ERBS Amounts for 11 months from May 2014 to March 2015, D.A. Arrears in pensions by calculating D.A. eligible as per the fixation made by the Government of Tamil nadu periodically along with the entitled difference of dearness allowances also, with interest at 12% per annum with effect from 01.12.2013.

W.P.No.19191 of 2016 : Directing the respondents to disburse the payments relating to Leave Surrender for 240 days, 2009 Service Earned Leave Surrender and 2010 Service Earned Leave Surrender by calculating D.A. eligible as per the fixation made by the Government of Tamilnadu periodically along with the entitled difference of dearness allowances also, with interest at 12% per annum with effect from 01.01.2012.

W.P.No.19192 of 2016 : Directing the respondents to disburse the payments relating to Leave Encashment (Earned Leave & Medical Leave) and ERBS for 24 months by calculating D.A. eligible as per the fixation made by the Government of Tamilnadu periodically along with the entitled difference of dearness allowances also, with interest at 12% per annum with effect from 01.10.2011.

W.P.No.19193 of 2016 : Directing the respondents to disburse the payments relating to Gratuity, Pension, Commutation, Leave Encashment (Earned Leave & Medical Leave) for 313 days yearly Leave Surrender from 2011 to 2013 for 45 days, ERBS amounts for 11 months, D.A. Arrears in pensions by calculating D.A. eligible as per the fixation made by the Government of Tamilnadu periodically along with the entitled difference of dearness allowances also, with interest at 12% per annum with effect from 01.06.2014.

W.P.No.19194 of 2016 : Directing the respondents to disburse the payments relating to Gratuity, Pension Commutation, Pension commutation deducted amount, Leave Surrender for 124 days, Settlement arrears from Sep 2013 to Nov 2013, Earned Leave Calculated but not paid for 15 days, ERBS amounts for 16 months, D.A. Arrears in Pensions, 12(3) settlement arrears form Dec 2013 to May 2016 by calculating D.A. eligible as per the fixation made by the Government of Tamil Nadu periodically along with the entitled difference of dearness allowances also, with interest at 12% per annum with effect from 01.12.2013. W.P.No.19291 of 2016 : Directing the Respondents to disburse the payments relating to Gratuity, and leave Salary(Earned leave and old medical leave) by calculating D.A. eligible as per newly implemented, with interest at 12% per annum with effect from 01.06.2013.

W.P.No.19292 of 2016 : Directing the Respondents to disburse the payments relating to Gratuity, by calculating D.A. eligible as per newly implemented, with interest at 2% per annum with effect from 01.04.2013.

For Petitioner : Mr.J.Pradeep in all W.Ps.

For Respondents : Mr.P.Paramasivadoss in all W.Ps.

Standing Counsel for Transport Corporation COMMON ORDER Inasmuch as the issue raised in all these writ petitions are one and the same, viz., seeking a direction to the respondentTransport Corporation to disburse the terminal benefits of the petitioners, all these petitions are taken up together and disposed of by this common order.

2. The grievance of the petitioners is that even though they have retired from the services of the respondent- Transport Corporation two or three years ago, till date their terminal benefits have not been settled. In this regard, they have also submitted a representation to the respondents. Since there was no response, they are before this Court by way of these writ petitions.

3. When the matter is taken up today for hearing, 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 respondent-Corporation undertook to pay the amount due and payable 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. Heard the learned counsel for the petitioners and Mr.P.Paramasivadoss, learned Standing Counsel for the respondent -Transport corporation, who took notice on behalf of the respondents.

5. Considering the facts and circumstances of the case and in view of the earlier orders passed by this Court in similar circumstances, without going into the merits of the matter, the respective respondent-Corporations are directed to disburse the terminal benefits to each of the petitioners 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 dated 12.06.2015. It is also made clear that the first instalment shall commence from 01.08.2016.

6. With the above direction, both these writ petitions are disposed of. No costs.

Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar vj2 To

1. The Managing Director Tamil Nadu State Transport Corporation (Salem) Limited No.12, Ramakrishna Road Salem 636 007.

2. The General Manager Tamil Nadu State Transport Corporation (Salem) Limited Dharmapuri Region Salem Main Road Bharathipuram, Dharmapuri 636 705.

3. The Administrator Tamil Nadu State Transport Corporation Employees Post Retirement Welfare Fund Scheme, Thiruvalluvar House Pallavan Salai, Chennai 600 002.

4. The Managing Director, Corporation(Villupuram) Ltd., Vazhuthareddy, Villupuram.

5. The General Manager, Corporation (Villupuram) Ltd., Vellore Region, Vellore.

+10cc's to Mr.J.Pradeep, Advocate, S.R.Nos.31104 to 31013 +2cc's to Mr.P.Paramasivadoss, Advocate, S.R.Nos.30830 & 30831 W.P.Nos.19187 to 19194 and 19291 and 19292 of 2016 SCD(CO) CA(24/06/2016)