← Library
Madras High CourtWP/23209/2016disposed of

P.Archuthan, v. The Secretary To Government

2016-07-06Honourable Mr Justice N. Kirubakaran5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED:06.07.2016

CORAM

THE HON'BLE MR.JUSTICE N.KIRUBAKARAN W.P.Nos.23209 to 23215 and 23352 of 2016 W.P.No.23209 of 2016:

P.Archuthan [ Petitioner ] Vs 1 The Secretary to Government Transport Department Fort St. George Secretariat Chennai 600 009 2 The Managing Director Tamil Nadu State Transport Corporation (Salem) Limited No.12 Ramakrishnan Road Salem 636 007 3 The General Manager Tamil Nadu State Transport Corporation (Salem) Limited No.12 Ramakrishnan Road Salem 636 007 4 The Administrator Tamil Nadu State Transport Corporation Employees Post Retirement Welfare Fund Scheme Thiruvalluvar House Pallavan Salai 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 to direct the

respondents to settle the petitioners retirement benefits including Gratuity Leave surrender Labour Welfare Fund settlement benefit IRD Medical College Amount commutation balance amount (Earned Leave & Medical Leave) and settlement arrears etc. with interest at the rate of not less than 18% per annum payable from the date of retirement and consequently directing the respondents to pay interest at the rate of 18% per annum for the belated settlement of retirement benefits to the petitioner payable from the date of retirement i.e. 28.02.2014 till date of actual payment to the petitioner within the time that may be stipulated by this Court.

For Petitioners Mr.M.Selvam for Mr.T.Pappaiah Dharmarajan For Respondents : Mr.A.Raja Perumal (R1) Mr.R.K.Gandhi (R2-4) in W.P.Nos.23209 to 23215/16 Mr.P.Chinnadurai (R1) Mr.P.Kannankumar (R2&3) COMMON ORDER Inasmuch as the issue raised in all these writ petitions are one and the same, viz., seeking a direction to the respondent-Transport 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 including Gratuity, Leave surrender, Labour Welfare Fund, settlement benefit, IRD Medical College Amount, commutation balance amount (Earned Leave & Medical Leave) and settlement arrears etc. have not been settled. In this regard, they have also submitted representation to the respective Transport Corporations. Since there was no response, they are before this Court by way of these writ petitions.

3. Heard the learned counsel for the respective petitioners and the learned counsel for the respective respondents.

4. In similar circumstances, a Division Bench of the Madurai Bench of this court in the common judgment dated 12.06.2015 in W.A.(MD) Nos.383 to 457 of 2015, the respondent-Transport Corporation undertook to pay the amount due and payable in twelve equal monthly instalments. Based on the said Judgment, a learned Single Judge of this Court in W.P.Nos.20276 to 20279 of 2016 etc. batch of cases, granted similar relief by order dated 16.06.2016. The relevant portion of the said order of the learned Single Judge reads as follows:-

"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 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 dated 12.06.2015. It is also made clear that the first instalment shall commence from 10.08.2016".

5. Since there is no dispute with regard to non payment of terminal benefits to the respective petitioners, the respective respondent-Transport Corporation is directed to disburse the terminal benefits to each of the petitioners herein in twelve equal monthly instalments, commencing from 01.08.2016.

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

06.07.2016 rg Note: Issue order copy on 14.07.2016

N.KIRUBAKARAN,J rg W.P.Nos.23209 to 23215 and 23352 of 2016 06.07.2016