A.Kannappan, v. Tamil Nadu State Transport
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED:08.06.2016
CORAM
THE HON'BLE MR.JUSTICE B.RAJENDRAN W.P.Nos.19259 to 19263 of 2016 A.Kannappan .. Petitioner in W.P.No.19259/2016 P.Selvaraj .. Petitioner in W.P.No.19260/2016 R.Durai .. Petitioner in W.P.No.19261/2016 M.Chandra Mohan .. Petitioner in W.P.No.19262/2016 A.Manoharan .. Petitioner in W.P.No.19263/2016 vs
1. The Tamil Nadu State Transport Corporation (CBE) Ltd., No.37, Mettupalayam Road Coimbatore 641 043 rep.by its Managing Director
2. The General Manager The Tamil Nadu State Transport Corporation (CBE) Ltd., No.37, Mettupalayam Road Coimbatore 641 043.
3. The Administrator The Tamil Nadu State Transport Corporation Pension Fund Trust Thiruvalluvar House Pallavan Salai Chennai 600 002.
.. Respondent in all W.Ps.
Writ petitions filed under Article 226 of the Constitution of India praying for the issuance of a writ of mandamus to direct the respondent to pay all the retirement benefits to the petitioners including (i) Gratuity and Leave Salary [W.P.Nos.19259 and 19260 of 2016] and (ii) Leave Salary [W.P.Nos.19261, 19262 and 19263 of 2016]; and all other benefits with interest at the rate of 18% per annum and to grant them the interest at the rate of 18% per annum for the belated settlement of their eligible benefits from the date of their retirement to till the date of settlement by the respondents within the time that may be stipulated by this Court.
For Petitioner : Mr.A.Rajendiran 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 one to two 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-Corporation is 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, all these writ petitions are disposed of. No costs.
Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar To
1. The Managing Director, Tamil Nadu State Transport Corporation (CBE) Ltd., No.37, Mettupalayam Road, Coimbatore 641 043.
2. The General Manager, The Tamil Nadu State Transport Corporation (CBE) Ltd., No.37, Mettupalayam Road, Coimbatore 641 043.
3. The Administrator, The Tamil Nadu State Transport Corporation, Pension Fund Trust, Thiruvalluvar House, Pallavan Salai, Chennai 600 002.
+5cc to Mr.A.Rajendiran, Advocate Sr.30418 W.P.Nos.19259 to 19263 of 2016 mg[co] srg 29/06/2016