K.Ponnusamy, (Staff No.1118) v. The Managing Director,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED:10.06.2016

CORAM

THE HON'BLE MR.JUSTICE B.RAJENDRAN W.P.Nos.19562 to 19567, 19592 to 19601, 19660 to 19663 and 19667 to 19672 of 2016 [26 cases] W.P.19562 of 2016:

K.Ponnusamy ...Petitioner Tiruvannamalai Region Tiruvannamalai.

Employees Post Retirement Welfare Fund Scheme, Chennai-600 002. ...Respondents Prayer: Writ petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of mandamus or any other appropriate Writ of Direction more particularly in the nature of Writ of Mandamus directing the respondents to disburse the payments relating to gratuity, commutation, leave encashment [Earned Leave and Medical Leave], Settlement arrears, pension arrears, DA arrears and last 11 days salary by calculating DA eligible, as per newly implemented scheme, with interest at 12% per annum with effect from 01.12.2014 within the stipulated time as may be fixed by this Court.

W.P.19563 of 2016 A.Margabandu ...Petitioner Vellore Region Vellore-632 009.

Chennai-600 002. ...Respondents nature of Writ of Mandamus to Directing the respondents to disburse the payments relating to Gratuity Leave Surrender (Earned Leave) Last month 10 days Salary 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 01.07.2013 within the stipulated time as may be fixed by this Honourable Court.

W.P. No.19564 1 E.Mani ...Petitioner

Vellore Region Vellore-632 009.

Employees Post Retirement Welfare Fund Scheme Chennai-600 002. ...Respondents the payments relating to Gratuity Commutation Leave Surrender (Earned Leave and Old Medical Leave) 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 01.09.2015 within the stipulated time as may be fixed by this Honourable Court.

W.P. No. 19565 of 2016 R.Annamalai

...Petitioner

Tamil Nadu State Transport, Corporation (Villupuram) Limited Vazhuthareddy, Cuddalore Region Cuddalore.

Chennai-600 002. ...Respondents

the payments relating to Gratuity Pension Commutation Leave Surrender for 240 days D.A. Arrears in pensions Surrender of Leave on private affairs Pension arrears for two 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 01.07.2015 within the stipulated time as may be fixed by this Honourable Court and pass such further or other orders as this Hon'ble Court.

W.P. No. 19566 of 2016 A.Sekar ...Petitioner Vellore Region Vellore-632 009.

Chennai-600 002. ...Respondents the payments relating to Gratuity Last month 10 days Salary 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 01.07.2013 within the stipulated time as may be fixed by this Honourable Court and pass such further or other orders as this Hon'ble Court.

WP.No.19567 of 2016:

S.Appunu ...Petitioner Corporation (Villupuram) Limited Corporation (Villupuram) Limited Tiruvannamalai Region Tiruvannamalai.

Chennai-600 002. ...Respondents the payments relating to Gratuity Commutation Leave Encashment (Earned Leave and Medical Leave) Settlement arrears 5.5 pension arrears D.A. Arrears & Last 11 days salary by calculating D.A. eligible as per newly implemented scheme with interest at 12% per annum with effect from 01.02.2014 within the stipulated time as may be fixed by this Honourable Court. WP.No.19592 of 2016 N.Mohan SPL.DR.1814 ...Petitioner

Chennai-600 002. ...Respondents the payments relating to Gratuity Pension Commutation Leave Surrender (Earned Leave and Old Medical Leave) 12(3) Settlement arrears amount 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 01.09.2015 within the stipulated time as may be fixed by this Honourable Court.

WP No. 19593 of 2016 R.K.Balasubramanian ...Petitioner Corporation (Villupuram) Limited Chennai-600 002. ...Respondents the payments relating to Gratuity Pension Commutation Leave

Surrender (Earned Leave and Old Medical Leave) 12(3) Settlement arrears amount 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 01.03.2015 within the stipulated time as may be fixed by this Honourable Court and pass such further or other orders as this Hon'ble Court.

W.P. No. 19594 of 2016 V.Balachandar ...Petitioner Cuddalore Region, Cuddalore.

Chennai-600 002. ...Respondents the payments relating to Gratuity Pension Commutation (Earned Leave and Old Medical Leave) D.A. Arrears in pensions 12(3) settlement arrears amount 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 01.01.2015 within the stipulated time as may be fixed by this Honourable Court and pass such further or other orders as this Hon'ble Court.

WP. No.19595 of 2016 P.Balasubramanian ...Petitioner Corporation (Villupuram) Limited Villupuram-605 602. ...Respondents the payments relating to Gratuity Pension Commutation D.A. Arrears in pensions 12(3) Settlement arrears amount 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 01.05.2014 within the stipulated time as may be fixed by this Honourable Court and pass such further or other orders as this Hon'ble Court.

W.P. No.19596 of 2016 M.Kuppan

...Petitioner

Employees Post Retirement Welfare Fund Scheme Chennai-600 002. ... Respondents nature of Writ of Mandamus Directing the respondents to disburse the payments relating to Gratuity Pension Commutation Leave Surrender (Earned Leave and Old Medical Leave D.A. Arrears in pensions) 12(3) Settlement arrears amount 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 01.09.2015 within the stipulated time as may be fixed by this Honourable Court and pass such further or other orders as this Hon'ble Court.

W.P. No.19597 of 2016 S.N.Thirunavukkarasu ...Petitioner Chennai-600 002. ...Respondents

the payments relating to Gratuity Pension Commutation Leave Surrender (Earned Leave and Old Medical Leave D.A. Arrears in pensions) 12(3) Settlement arrears amount 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 01.05.2015 within the stipulated time as may be fixed by this Honourable Court and pass such further or other orders as this Hon'ble Court.

W.P. No.19598 of 2016 B.Raju

...Petitioner

Chennai-600 002. ...Respondents the payments relating to Gratuity Pension Commutation Leave Surrender (Earned Leave and Old Medical Leave) 12(3) Settlement arrears amount 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 01.11.2014 within the stipulated time as may be fixed by this Honourable Court and pass such further or other orders as this Hon'ble Court.

W.P.No.19599 of 2016 G.Rajendran ... Petitioner Corporation (Villupuram) Limited Corporation (Villupuram) Limited Chennai-600 002. ...Respondents the payments relating to Gratuity Pension Commutation Leave Surrender (Earned Leave and Old Medical Leave) 12(3) Settlement arrears amount 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 01.02.2016 within the stipulated time as may be fixed by this Honourable Court and pass such further or other orders as this Hon'ble Court.

WP No. 19600 of 2016 P.Kumarasamy ... Petitioner

Corporation (Villupuram) Limited Chennai-600 002. ... Respondents the payments relating to Gratuity Pension Commutation D.A Arrears in pensions 12(3) Settlement arrears amount 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 01.04.2014 within the stipulated time as may be fixed by this Honourable Court and pass such further or other orders as this Hon'ble Court.

WP No.19601 of 2016 1 K.Rajendran ... Petitioner Chennai-600 002. ... Respondents

the payments relating to Gratuity Pension Commutation Leave Surrender (Earned Leave and Old Medical Leave) 12(3) Settlement arrears amount 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 01.02.2015 within the stipulated time as may be fixed by this Honourable Court.

W.P No.19660 of 2016 C.Narayanasamy ... Petitioner Vellore Region Vellore-632 009. ... Respondents the payments relating to Gratuity with interest at 12% per annum with effect from 01.07.2013 within the stipulated time as may be fixed by this Honourable Court and pass such further or other orders as this Hon'ble Court.

WP No.19661 of 2016 M.Thandapani

...Petitioner

Corporation (Villupuram) Limited

Corporation (Villupuram) Limited Villupuram Region Tamil Nadu State Transport Corporation Employees Post Retirement Welfare Fund Scheme Chennai-600 002. ... Respondents nature of Writ of Mandamus Directing the respondents to disburse the payments relating to Gratuity Pension Commutation Leave encashment (Earned Leave & Medical Leave) settlement arrear amount by calculating D.A. eligible as per newly implemented with interest at 12% per annum with effect from 01.02.2014 within the stipulated time as may be fixed by this Honourable Court and pass such further or other orders as this Hon'ble Court.

W.P.No.19662 of 2016 S.Ganesan (CI.15054) ...Petitioner Vellore Region Vellore. ...Respondents the payments relating to Gratuity Amount 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

01.09.2012 within the stipulated time as may be fixed by this Honourable Court and pass such further or other orders as this Hon'ble Corut.

W.P No.19663 of 2016 V.Varaprakasam (AM0300) ... Petitioner Corporation (Villupuram) Limited Corporation (Villupuram) Limited Chennai-600 002. ...Respondents the payments relating to Gratuity Leave encashment 12(3) settlement arrears and pension arrears from November 2013 by calculating D.A. eligible as per newly implemented with interest at 12% per annum with effect from 01.11.2015 within the stipulated time as may be fixed by this Honourable Court and pass such further or other orders as this Hon'ble Court. W.P.No.19667 of 2016 G.Kokila ... Petitioner The Managing Director Corporation (Salem) Limited No.12 Ramakrishna Road Salem 636 007

Corporation (Salem) Limited Dharmapuri Region Salem Main Road Bharathipuram Dharmapuri 636 705 Chennai 2 ... Respondents nature of Writ of Mandamus directing the respondents to disburse the payments relating to Gratuity Pension Commutation Deducted Pension Commutation Amount Leave Encashment (Earned Leave and Medical Leave) 2013 Settlement Arrears and 5.5 Pension Arrears 5.5 Settlement Arrear ERBS Amounts and 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 1.2.2015 within the stipulated time as may be fixed by this Honourable Court and pass such further or other orders as this Hon'ble Court.

W.P.No.19668 of 2016:

R.Kolandaivel ... Petitioner Corporation (Salem) Limited No.12 Ramakrishna Road Salem 636 007 Corporation (Salem) Limited Dharmapuri Region Salem Main Road Bharathipuram Dharmapuri 636 705.

Chennai 2 ... Respondents nature of Writ of Mandamus directing the respondents to disburse the payments relating to Gratuity Pension Commutation Deducted Pension Commutation Amount Leave Encashment (Earned Leave and Medical Leave) 2013 Settlement Arrears and 5.5 Pension Arrears 5.5 Settlement Arrear ERBS Amounts and 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 1.2.2014 within the stipulated time as may be fixed by this Honourable Court and pass such further or orders as this Hon'ble Court.

W.P. No.19669 of 2016 N.Vedarethinam ... Petitioner Corporation (Villupuram) Limited Villupuram 605 602.

Vellore Region Vellore Chennai 2 ... Respondents nature of Writ of Mandamus directing the respondents to disburse the payments relating to Gratuity Commutation Leave Encashment (Earned Leave and Medical Leave) by calculating D.A.

eligible as per newly implemented Scheme with interest at 12% per annum with effect from 1.2.2016 within the stipulated time as may be fixed by this Honourable Court and pass such further or other orders as this Hon'ble Court.

W.P.No.19670 of 2016 K.Chakravarthy ... Petitioner Villupuram 605 602 Vellore Region Vellore Chennai 2 ...Respondents nature of Writ of Mandamus directing the respondents to disburse the payments relating to Gratuity Commutation Leave Encashment (Earned Leave and Medical Leave) by calculating D.A. eligible as per newly implemented Scheme with interest at 12% per annum with effect from 1.5.2016 within the stipulated time as may be fixed by this Honourable Court and pass such further or other orders as this Hon'ble Court.

W.P. No.19671 of 2016 A.Jagadeesan ... Petitioner Villupuram 605 602

Corporation (Villupuram) Limited Vellore Region Vellore ...Respondents nature of Writ of Mandamus directing the respondents to disburse the payments relating to Gratuity Pension Commutation Leave Encashment (Medical Leave and Earned Leave) 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 1.5.2015 within the stipulated time as may be fixed by this Honourable Court and pass such futher or other orders as this Hon'ble Court.

W.P. No.19672 of 2016 P.Devaraj ... Petitioner Villupuram 605 602 Vellore Region Vellore Chennai 2. ...Respondents nature of Writ of Mandamus directing the respondents to disburse the payments relating to Gratuity Pension Commutation Leave Encashment (Medical Leave and Earned Leave) 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 1.5.2015 within the stipulated time as may be fixed by this Honourable Court and pass such further or other orders as this Hon'ble Court.

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-Transport 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-Transport 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-VII) //True Copy// Sub Assistant Registrar To Tiruvannamalai Region Tiruvannamalai.

Employees Post Retirement Welfare Fund Scheme, Chennai-600 002.

The General Manager, The General Manager Vellore Region Vellore

The Managing Director Corporation (Salem) Limited No.12 Ramakrishna Road Salem 636 007 The General Manager Corporation (Salem) Limited Dharmapuri Region Salem Main Road Bharathipuram Dharmapuri 636 705.

+31 cc to Mr.J.Pradeep, Advocate Sr.31432,31433,31434,31435,31436,31437,31438,31442,31443,31444,3 1445,31446,32264,32265,32266,32267,32274,32252,32253,32254,32255 ,32256,32260,32261,32262,32263,32270,32269,32268,32272 & 32273 +4cc to Mr.P.Paramasivadoss, Advocate Sr.32287,32285,32284,32286 W.P.Nos.19562 to 19567, 19592 to 19601, 19660 to 19663 and 19667 to 19672 of 2016 vs[co] srg 22/06/2016