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Madras High CourtWP/24331/2016disposed of

K.Duraisamy, v. The Management Of Tamil Nadu

2016-07-15Honourable Mr Justice B. Rajendran24 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED:15.07.2016

CORAM

THE HON'BLE MR.JUSTICE B.RAJENDRAN W.P.Nos.24331 to 24336 of 2016, 24339 to 24344 of 2016, 24345 to 24347 of 2016, 24379 to 24383 of 2016, 24384 to 24388 of 2016, 24403 and 24404 of 2016, 24467 to 24475 of 2016, 24481 of 2016, 24493 of 2016 and 24518 to 24524 of 2016 [45 cases] K.DURAISAMY ..PETITIONER in WP No.24331 of 2016 A.ARULMARY JOSEPH ..PETITIONER in WP No.24332 of 2016 H.JOGHEE ..PETITIONER in WP No.24333 of 2016 V.FRANKCIL VISTOR ..PETITIONER in WP No.24334 of 2016 S.SIVADASAN ..PETITIONER in WP No.24335 of 2016 A.THANGARAJ ..PETITIONER in WP No.24336 of 2016 K.PUSHPARAJ ..PETITIONER in WP No.24339 of 2016 STAFF NO.TR.0538 S/O.A.KAVERI M.JANAGIRAMAN ..PETITIONER in WP No.24340 of 2016 STAFF NO.FC5212 S/O.LATE.V.MARIAPPAN M.JAYAPAL ..PETITIONER in WP No.24341 of 2016 STAFF NO.FM0508 S/O.MARIRAJU NAIDU K.ASAITHAMBI ..

PETITIONER in WP No.24342 of 2016 STAFF NO.AS 0569 S/O.(LATE) K.KALIAPPAN B.DEVANESAN ..PETITIONER in WP No.24343 of 2016 STAFF NO.AS0166 S/O.A.BOAVAS A.ARUMUGAM ..PETITIONER in WP No.24344 of 2016 STAFF NO.FI.0544 S/O.K.ANGAMUTHU V.SIGAMANI ..PETITIONER in WP No.24345 of 2016 S/O.VELLAIGAN M.LOGANATHAN ..PETITIONER in WP No.

E.INDRANI ..PETITIONER in WP No.24347 of 2016 W/O.RAMALINGAM C.PALANIYAPPAN ..PETITIONER in WP No.24379 of 2016 S/O.CHINNAMUTHU M.ASOKAN ..PETITIONER in WP No.24380 of 2016 S/O.MATHAIYAN U.THANGAVELU ..PETITIONER in WP No.24381 of 2016 S/O.UTHIRASA KOUNDER R.RADHAKRISHNAN ..PETITIONER in WP No.24382 of 2016 S/O.RAJI NAIDU V.MAASIMALAI ..PETITIONER in WP No.24383 of 2016 S/O.K.VELAYUTHAM MR.M.BASKARAN ..PETITIONER in WP No.24384 of 2016 S/O.V.MUTHUKRISHNAN RETTIYAR MR.C.JAYAPATHIRAJ ..PETITIONER in WP No.24385 of 2016 S/O.C.CHELLAIAH MR.V.EZHILARASAN ..PETITIONER in WP No.24386 of 2016 S/O.VEDHAMANICKAM MR.V.ARUMUGAM ..PETITIONER in WP No.24387 of 2016 S/O.N.K.VENKATARAMAN MR.C.RATHINAM ..PETITIONER in WP No.24388 of 2016 S/O.CHINNAKANNU GOUNDER A.JEEVANANDHAM ..PETITIONER in WP No.24403 of 2016 STAFF NO. AR0373 S/O. AMIRTHALINGAM K.

BOOBALAN ..PETITIONER in WP No.24404 of 2016 STAFF NO. SR0802 S/O.V.KANNIAH NAIDU S.PALANISAMY ..PETITIONER in WP No.24467 of 2016 S/O.SETHURAMAN M.VIJAYAKUMAR ..PETITIONER in WP No.24468 of 2016 S/O.MUTHUKRISHNAN S.DEVARAJ ..PETITIONER in WP No.24469 of 2016 S/O.

V.PASUPATHI ..PETITIONER in WP No.24470 of 2016 S/O.VEERASAMY N.BALA NAIDU ..PETITIONER in WP No.24471 of 2016 S/O.NARASIMMALU NAIDU S.PADMANABAN ..PETITIONER in WP No.24472 of 2016 S/O.SEENIVASALU S.MANI ..PETITIONER in WP No.24473 of 2016 S/O.SENNIYAPPAN S.AYYASAMY ..PETITIONER in WP No.24474 of 2016 S/O.SABAPATHY V.RATHINASAMY ..PETITIONER in WP No.24475 of 2016 S/O.VENKATACHALAM T.NARAYANAN ..PETITIONER in WP No.24481 of 2016 S/O.THIRUMAL V.N.SIVAGNANAM ..PETITIONER in WP No.24493 of 2016 S/O.V.S.NAGAPPAN P.PICHAIKANNU ..PETITIONER in WP No.24518 of 2016 S/O.PALANISAMY MUDALIAR C.MANI ..PETITIONER in WP No.24519 of 2016 S/O.CHINNASAMY K.PALANIVELU ..PETITIONER in WP No.24520 of 2016 S/O.KARUPPANNA GOUNDAR V.MOHAN ..PETITIONER in WP No.24521 of 2016 M.BALAKRISHNAN ..PETITIONER in WP No.24522 of 2016 S/O.MARIMUTHU K.CHANDRASEKARAN ..PETITIONER in WP No.24523 of 2016 S/O.KANDASAMY J.MURALIKUMAR ..PETITIONER in WP No.24524 of 2016 S/O.JAYAVELU vs 1 THE MANAGEMENT OF TAMIL NADU STATE TRANSPORT CORPORATION (KOVAI) LTD REP. BY ITS MANAGING DIRECTOR COIMBATORE

2 THE ADMINISTRATOR TAMIL NADU STATE TRANSPORT EMPLOYEES PENSION FUND TRUST THIRUVALLUVAR ILLAM ANNA SALAI CHENNAI-2.

... RESPONDENT in WP No.24331 to 24336 of 2016 THE MANAGEMENT OF TAMIL NADU STATE TRANSPORT CORPORATION (KOVAI) LTD., ERODE REGION, REP. BY ITS M.D. ERODE.

..1ST RESPONDENT IN WP.24334/16 AND WP.24475/16 1 THE GOVERNMENT OF TAMILNADU REP. BY THE SECRETARY TRANSPORT DEPARTMENT SECRETARIAT ST. GEORGE FORT CHENNAI 600 009 2 THE MANAGING DIRECTOR TAMIL NADU STATE TRANSPORT CORPORATION (SALEM) LTD NO.12 RAMAKRISHNAN ROAD SALEM 636 007 3 THE GENERAL MANAGER TAMIL NADU STATE TRANSPORT CORPORATION (SALEM) LTD 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-2 ..RESPONDENTS in WP No.24339,24343, of 2016 1 THE GOVERNMENT OF TAMILNADU REP. BY THE SECRETARY TRANSPORT DEPARTMENT SECRETARIAT ST. GEORGE FORT CHENNAI 600 009 2 THE MANAGING DIRECTOR TAMIL NADU STATE TRANSPORT CORPORATION (SALEM) LTD NO.12 RAMAKRISHNAN ROAD SALEM 636 007

3 THE GENERAL MANAGER TAMIL NADU STATE TRANSPORT CORPORATION (SALEM) LTD DHARMAPURI REGION BHARATHIPURAM DHARMAPURI 4 THE ADMINISTRATOR TAMIL NADU STATE TRANSPORT CORPORATION EMPLOYEES POST RETIREMENT WELFARE FUND SCHEME THIRUVALLUVAR HOUSE PALLAVAN SALAI CHENNAI-2 ..RESPONDENTS in WP No.24340,24341, 24342, 24344 of 2016 1 THE MANAGING DIRCTOR TAMILNADU STATE TRANSPORT CORPORATION (VILLUPURAM) LTD.

VAZHUTHAREDDY VILLUPURAM 605 602 2 THE GENERAL MANAGER TAMILNADU STATE TRANSPORT CORPORATION (VILLUPURAM) LTD.

VELLORE REGION VELLORE 632 009 3 THE ADMINISTRATOR TAMILNADU STATE TRANSPORT CORPORATION EMPLOYEE POST RETIREMENT WELFARE FUND SCHEME THIRUVALLUVAR HOUSE PALLAVAN SALAI CHENNAI-2 ..RESPONDENTS in WP No.24345,24346, 24347, of 2016 THE MANAGING DIRECTOR TAMIL NADU STATE TRANSPORT CORPORATION (SALEM) LTD. 12 RAMAKRISHNA SALAI SALEM-636 007.

..RESPONDENT in WP No.24379 to 24383 of 2016 1 THE GOVERNMENT OF TAMIL NADU REP. BY ITS PRINCIPAL SECRETARY TRANSPORT DEPARTMENT SECRETARIAT FORT ST. GEORGE CHENNAI-600 009 2 THE MANAGING DIRECTOR TAMIL NADU STATE TRANSPORT CORPORATION (VPM) LTD 3/137 SALAMEDU VALUTHAREDDY- POST VILLUPURAM-605 602

3 THE FINANCIAL ADVIROS AND CHIEF ACCOUNTS OFFICER TAMIL NADU STATE TRANSPORT CORPORATION (VPM) LTD 3/137 SALAMEDU VALUTHAREDDY- POST VILLUPURAM-605 602 4 THE ADMINISTRATOR TAMIL NADU STATE TRANSPORT CORPORATION PENSION FUND TRUST THIRUVALLUVAR HOUSE PALLAVAN SALAI CHENNAI-600 002 ..RESPONDENTS in WP No.24384 of 2016 1 THE GOVERNMENT OF TAMIL NADU REP. BY ITS PRINCIPAL SECRETARY TRANSPORT DEPARTMENT SECRETARIAT FORT ST. GEORGE CHENNAI-600 009 2 THE MANAGING DIRECTOR TAMIL NADU STATE TRANSPORT CORPORATION (CBE) LTD HEAD OFFICE NO.37 METTUPALAYAM ROAD COIMBATORE-641 043 3 THE FINANCIAL ADVISOR AND CHIEF ACCOUNTS OFFICER TAMIL NADU STATE TRANSPORT CORPORATION (CBE) LTD HEAD OFFICE NO.37 METTUPALAYAM ROAD COIMBATORE-641 043 4 THE ADMINISTRATOR TAMIL NADU STATE TRANSPORT CORPORATION PENSION FUND TRUST THIRUVALLUVAR HOUSE PALLAVAN SALAI CHENNAI-600 002 ..RESPONDENTS in WP No.24385,24387, of 2016 1 THE GOVERNMENT OF TAMIL NADU REP. BY ITS PRINCIPAL SECRETARY TRANSPORT DEPARTMENT SECRETARIAT FORT ST. GEORGE CHENNAI-600 009

2 THE MANAGING DIRECTOR STATE EXPRESS TRANSPORT CORPORATION LTD PALLAVAN SALAI CHENNAI-600 002 3 THE FINANCIAL ADVISOR AND CHIEF ACCOUNTS OFFICER STATE EXPRESS TRANSPORT CORPORATION LTD PALLAVAN SALAI CHENNAI-600 002 4 THE ADMINISTRATOR TAMIL NADU STATE TRANSPORT CORPORATION PENSION FUND TRUST THIRUVALLUVAR HOUSE PALLAVAN SALAI CHENNAI-600 002 ..RESPONDENTS in WP No.24386 of 2016 1 THE GOVERNMENT OF TAMIL NADU REP. BY ITS PRINCIPAL SECRETARY TRANSPORT DEPARTMENT SECRETARIAT FORT ST. GEORGE CHENNAI-600 009 2 THE MANAGING DIRECTOR TAMIL NADU STATE TRANSPORT CORPORATION (CBE) LTD HEAD OFFICE NO.37 METTUPALAYAM ROAD COIMBATORE-641 043 3 THE FINANCIAL ADVISOR AND CHIEF ACCOUNTS OFFICER TAMIL NADU STATE TRANSPORT CORPORATION (CBE) LTD HEAD OFFICE NO.37 METTUPALAYAM ROAD COIMBATORE-641 043 ..RESPONDENTS in WP No.24388 of 2016 1 THE MANAGING DIRECTOR TAMIL NADU STATE TRANSPORT CORPORATION (VILLUPURM) LIMITED VAZHUTHAREDDY VILLUPURAM-605 602 2 THE GENERAL MANAGER TAMIL NADU STATE TRANSPORT CORPORATION(VILLUPURM) LIMITED VILLUPURAM REGION VILLUPURAM

3 THE ADMINISTRATOR TAMIL NADU STATE TRANSPORT CORPORATION EMPLOYEES POST RETIREMENT WELFARE FUND SCHEME THIRUVALLUVAR HOUSE PALLAVAN SALAI CHENNAI-600 002 ..RESPONDENTS in WP No.24403 of 2016 1 THE MANAGING DIRECTOR TAMIL NADU STATE TRANSPORT CORPORATION (VILLUPURM) LIMITED VAZHUTHAREDDY VILLUPURAM-605 602 2 THE GENERAL MANAGER TAMIL NADU STATE TRANSPORT CORPORATION (VILLUPURM) LIMITED VILLUPURAM REGION VILLUPURAM ..RESPONDENTS in WP No.24404 of 2016 1 THE MANAGMENT OF TAMIL NADU STATE TRANSPORT CORPORATION (KOVAI) LTD.

REP. BY ITS MANAGING DIRECTOR COIMBATORE.

2 THE ADMINISTRATOR TAMIL NADU STATE TRANSPORT EMPLOYEES PENSION FUND TRUST THIRUVALLUVAR ILLAM ANNA SALAI CHENNAI-2.

..RESPONDENTS in WP No.24467,24468,24469,24470, 24471,24472, 24473,24474,24475, of 2016 1 THE GOVERNMENT OF TAMILNADU REP. BY SECRETARY TO GOVERNMENT TRANSPORT DEPARTMENT SECRETARIAT CHENNAI-9 2 THE MANAGING DIRECTOR METROPOLITAN TRANSPORT CORPORATION (KUMBAKONAM) LTD. NO.27 RAILWAY STATION ROAD KUMBAKONAM 612 001

3 THE ADMINISTRATOR TAMILNADU STATE TRANSPORT CORPORATION EMPLOYEES POST RETIREMENT WELFARE FUND THIRUVALLUVAR HOUSE PALLAVAN SALAI CHENNAI- 2 ..RESPONDENTS in WP No.24481 of 2016 1 THE TAMILNADU STATE TRANSPORT CORPORATION ERODE DIVISION REP. BY ITS MANAGING DIRECTOR COIMBATORE DISTRICT.

..RESPONDENTS in WP No.24493 of 2016 1 THE MANAGING DIRECTOR TAMIL NADU STATE TRANSPORT CORPORATION (VILLUPURAM ) LIMITED VAZHUTHAREDDY VILLUPURAM-605 602 2 THE GENERAL MANAGER TAMIL NADU STATE TRANSPORT CORPORATION (VILLUPURAM) LIMITED VELLORE REGION VELLORE 3 THE ADMINISTRATOR TAMIL NADU STATE TRANSPORT CORPORATION EMPLOYEES POST RETIREMENT WELFARE FUND SCHEME THIRUVALLUVAR HOUSE PALLAVAN SALAI CHENNAI-600 002 ..RESPONDENTS in WP No.24518,24519 of 2016 1 THE MANAGING DIRECTOR TAMIL NADU STATE TRANSPORT CORPORATION (SALEM) LIMITED NO.12 RAMAKRISHNA ROAD SALEM-636 007 2 THE ADMINISTRATOR TAMIL NADU STATE TRANSPORT CORPORATION EMPLOYEES POST RETIREMENT WELFARE FUND SCHEME THIRUVALLUVAR HOUSE PALLAVAN SALAI CHENNAI-600 002 ..RESPONDENTS in WP No.24520 of 2016 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 ..RESPONDENTS in WP No.24521 of 2016 1 THE MANAGING DIRECTOR TAMIL NADU STATE TRANSPORT CORPORATION (VILLUPURAM) LIMITED VAZHUTHAREDDY VILLUPURAM-605 602 2 THE GENERAL MANAGER TAMIL NADU STATE TRANSPORT CORPORATION(VILLUPURAM) LIMITED KANCHEEPURAM REGION KANCHEEPURAM 3 THE ADMINISTRATOR TAMIL NADU STATE TRANSPORT CORPORATION EMPLOYEES POST RETIREMENT WELFARE FUND SCHEME THIRUVALLUVAR HOUSE PALLAVAN SALAI CHENNAI-600 002 ..RESPONDENTS in WP No.

24522 of 2016 1 THE MANAGING DIRECTOR TAMIL NADU STATE TRANSPORT CORPORATION (VILLUPURAM) LIMITED VAZHUTHAREDDY VILLUPURAM-605 602 2 THE GENERAL MANAGER TAMIL NADU STATE TRANSPORT CORPORATION(VILLUPURAM) LIMITED KANCHEEPURAM REGION KANCHEEPURAM ..RESPONDENTS in WP No.

2 THE GENERAL MANAGER TAMIL NADU STATE TRANSPORT CORPORATION(VILLUPURAM) LIMITED VELLORE REGION VELLORE 3 THE ADMINISTRATOR TAMIL NADU STATE TRANSPORT CORPORATION EMPLOYEES POST RETIREMENT WELFARE FUND SCHEME THIRUVALLUVAR HOUSE PALLAVAN SALAI CHENNAI-600 002 ..RESPONDENTS in WP No.24524 of 2016 WP No.24331 of 2016: Directing the 1st respondents to pay the petitioner Rs.5,42,211/- towards Gratuity, Rs.2,87,059/- towards E.P.F Employees Contributions, Rs.37,862/- towards Leave Salary and also arrears of wages for the period from 1.9.2013 to 31.3.2015 payable pursuant to new wage settlement dated 13.4.2015, together with 18% interest per annum and further directing the respondents to pay him Rs.

2,46,208/- towards the Pension Commutation amount together with 18% interest per annum within a time frame as may be fixed by this Honourable Court WP No.24332 of 2016: Directing the 1st respondents to pay the petitioner Rs.4,57,722/- towards Gratuity, Rs.3,53,750/- towards Leave Salary and also arrears of wages for the period from 1.9.2013 to 31.3.2015 payable pursuant to new wage settlement dated 13.4.2015, together with 18% interest per annum, along with interest amount towards the delay period from 30.4.2015 to 5.2.2016 in paying EPF Employees Contribution Amount Rs.6,01,632/- at the rate as per EPF Scheme and further directing the respondents to pay him Rs.1,98,795/- towards the Pension Commutation amount together with 18% interest per annum within a time frame as may be fixed by this Honourable Court WP No.

24333 of 2016: Directing the 1st respondents to pay the petitioner Rs.8,47,512/- towards Gratuity, Rs.17,748/- towards Leave Salary and also arrears of wages for the period from 1.9.2013 to 31.3.2015 payable pursuant to new wage settlement dated 13.4.2015, together with 18% interest per annum and further directing the respondents to pay him Rs.3,29,884/- towards the Pension Commutation amount together with 18% interest per annum within a time frame as may be fixed by this Honourable Court WP No.24334 of 2016: Directing the 1st respondents to pay the petitioner Rs.5,78,744- towards Gratuity, Rs.3,49,013/- towards EPF Employees Contributions, Rs.

and also arrears of wages for the period from 1.9.2013 to 31.3.2015 payable pursuant to new wage settlement dated 13.4.2015, together with 18% interest per annum and further directing the respondents to pay him Rs.2,53,440/- towards the Pension Commutation amount together with 18% interest per annum within a time frame as may be fixed by this Honourable Court WP No.24335 of 2016: Directing the 1st respondents to pay the petitioner Rs.5,69,934- towards Gratuity, Rs.4,69,830/- towards EPF Employees Contributions, Rs.1,88,155/- towards Leave Salary and also arrears of wages for the period from 1.9.2013 to 31.3.2015 payable pursuant to new wage settlement dated 13.4.2015, together with 18% interest per annum and further directing the respondents to pay him Rs.

2,43,094/- towards the Pension Commutation amount together with 18% interest per annum within a time frame as may be fixed by this Honourable Court WP No.24336 of 2016: Directing the 1st respondents to pay the petitioner Rs.7,47,425/- towards Gratuity, Rs.3,22,121/- towards EPF Employees Contributions, Rs.11,826/- towards Leave Salary and also arrears of wages for the period from 1.9.2013 to 31.3.2015 payable pursuant to new wage settlement dated 13.4.2015, together with 18% interest per annum and further directing the respondents to pay him Rs.2,83,576/- towards the Pension Commutation amount together with 18% interest per annum within a time frame as may be fixed by this Honourable Court WP No.

24339 of 2016: Directing the respondents to settle the petitioners retirement benefits including Gratuity, Leave Labour Welfare Fund, Settlement Benefit, IRT Medical College Amount, Commutation Balance Amount, Provident Fund, Pension DA Arrears, ERBS Pension arrears (Earned Leave and 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., 30.6.2015 to till date of actual payment to the petitioner within the time frame that may be stipulated by.. WP No.

24340 of 2016: Directing the respondents to settle the petitioners retirement benefits including Gratuity, Labour Welfare Fund, Settlement Benefit, IRT Medical College Amount, Commutation Balance Amount, Provident Fund, Pension DA Arrears, ERBS Pension arrears (Earned Leave and Medical Leave) and settlement arrears etc.

i.e., 31.5.2016 to till date of actual payment to the petitioner within the time frame that may be stipulated by.. WP No.24341 of 2016: Directing the respondents to settle the petitioners retirement benefits including Gratuity, Leave Surrender, Labour Welfare Fund, Settlement Benefit, IRT Medical College Amount, Commutation Balance Amount, Provident Fund, Pension DA Arrears, ERBS Pension arrears (Earned Leave and 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., 31.5.2015 to till date of actual payment to the petitioner within the time frame that may be..

WP No.24342 of 2016: Directing the respondents to settle the petitioners retirement benefits including Gratuity, Leave Surrender, Labour Welfare Fund, Settlement Benefit, IRT Medical College Amount, Commutation Balance Amount, Provident Fund, Pension DA Arrears, ERBS Pension arrears (Earned Leave and 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., 31.3.2016 to till date of actual payment to the petitioner within the time frame that may be.. WP No.

24343 of 2016: Directing the respondents to settle the petitioners retirement benefits including Gratuity, Leave Surrender, Interest for Commutation Amount, Pension DA Arrears, ERBS Pension arrears Earned Leave and Medical Leave 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., 31.12.2014 to till date of actual payment to the petitioner within the time frame that may be stipulated by..

WP No.24344 of 2016:Directing the respondents to settle the petitioners retirement benefits including Gratuity, Leave Surrender, Labour Welfare Fund, Settlement Benefit, IRT Medical College Amount, Commutation Balance Amount, Provident Fund, Pension DA Arrears, ERBS Pension arrears (Earned Leave and 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., 31.5.2015 to till date of actual payment to the petitioner within the time frame that may be.. WP No.24345 of 2016: Directing the respondents to disburse the payments relating to Gratuity, Commutation and Leave Encashment amount by calculating D.A eligible, as per newly implemented, with interest at 12% per annum with effect from 1.7.2014 within the stipulated time as may be fixed by this Honourable Court WP No.24346 of 2016: Directing the respondents to disburse the payments relating to Gratuity, Commutation and Leave Encashment by calculating D.A eligible, as per newly implemented, with interest at 12% per annum with effect from 31.7.2014 within the stipulated time as may be fixed by this Honourable Court WP No.

24347 of 2016: Directing the respondents to disburse the payments relating to Gratuity, Commutation and Leave Encashment by calculating D.A eligible, as per newly implemented, with interest at 12% per annum with effect from 30.6.2014 within the stipulated time as may be fixed by this Honourable Court WP No.24379 of 2016: Directing the respondent to pay the retirement benefits such as Gratuity, Earned Leave Salary, Commutation, and other benefits payable to the petitioner with interest at the rate of 18% from 30.04.2013 (i.e) the date of retirement WP No.24380 of 2016: Directing the respondent to pay the retirement benefits such as Provident Fund, Gratuity, Earned Leave Salary, Commutation, and other benefits payable to the petitioner with interest at the rate of 18% from 31.01.2016 (i.e) the date of retirement WP No.

24381 of 2016: Directing the respondent to pay the retirement benefits such as Provident Fund, Gratuity, Earned Leave Salary, Commutation, and other benefits payable to the petitioner with interest at the rate of 18% from 30.04.2016 (i.e) the date of retirement WP No.24382 of 2016: Directing the respondent to pay the retirement benefits such as Gratuity, Earned Leave Salary, Commutation, and other benefits payable to the petitioner with interest at the rate of 18% from 31.03.2013 (i.e) the date of retirement WP No.24383 of 2016: Directing the respondent to pay the retirement benefits such as Gratuity, Earned Leave Salary, Commutation, and other benefits payable to the petitioner with interest at the rate of 18% from 31.03.2014 (i.

WP No.24384 of 2016: Directing the respondents, to settle the petitioners retirement benefits such as Gratuity amount, Commutation of Pension, Leave on Encashment (EL) amount, DA arrears, Pension arrears, PF arrears, Settlement arrears amount and other eligible attendant benefits after duly taken into account the enhanced dearness allowance with 18% interest on delayed payment to the petitioner from 31.03.2015 the date of retirement to till the date of settlement of the terminal benefits to the petitioner by following the order passed in W.A. (MD).Nos. 383 to 457 of 2015 dated 12.06.2015 WP No.

24385 of 2016: Directing the respondents to settle the petitioners retirement benefits such as Gratuity, Commutation of Pension, Provident Fund, Social Security Scheme and Settlement arrears and other eligible terminal benefits after duly taken into account the enhanced dearness allowance with interest of 18% interest on delayed payment to the petitioner from 31.10.2015 the date of retirement to till the date of settlement of the terminal benefits to the petitioner by following the order passed in W.A. (MD).Nos. 383 to 457 of 2015 dated 12.06.2015 WP No.

24386 of 2016: Directing the respondents to settle the petitioners retirement benefits such as Provident Fund Amount, Commutation of Pension, Encashment of Leave Salary (EL), Encashment of Leave Salary (ML-98), PF DA arrears, Difference in Gratuity, Social Security Scheme, Engineering & Medical College subscription amount, Pension Arrears and other eligible terminal benefits after duly taken into account the settlement benefits and enhanced dearness allowance with interest of 18% interest on delayed payment to the petitioner from 31.08.2014 the date of retirement to till the date of settlement of the terminal benefits to the petitioner by following the order passed in W.A. (MD).Nos. 383 to 457 of 2015 dated 12.06.2015 WP No.

24387 of 2016: Directing the respondents to settle the petitioners retirement benefits such as Gratuity, Encashment of Leave (EL), Leave Surrender for 45 days, Settlement arrears, Pension arrears, PF Arrears and other eligible terminal benefits after duly taken into account he enhanced dearness allowance with interest of 18% interest on delayed payment to the petitioner from 30.09.2013 the date of retirement to till the date of settlement of the terminal benefits to the petitioner by following the order passed in W.A. (MD).Nos. 383 to 457 of 2015 dated 12.06.2015 WP No.24388 of 2016: Directing the respondents to settle the pending terminal benefits Such as Encashment of Leave Salary (EL) for 240 days and Leave on Private Affairs and other eligible retirement benefits with 18% interest on delayed payment to the petitioner from 31.07.

to till the date of settlement to the petitioner by following the order passed in W.A. (MD).Nos. 383 to 457 of 2015 dated 12.06.2015 WP No.24403 of 2016: Directing the respondents to settle the petitioner retirement benefits including Gratuity, Commutation, EL Surrender 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., 31.01.2014 to till date of actual payment to the petitioner within the time that may be stipulated by this Honourable Court WP No.24404 of 2016: Directing the respondents to settle the petitioner retirement benefits including Gratuity 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., 31.10.2012 to till date of actual payment to the petitioner within the time that may be stipulated by this Honourable Court WP No.24467 of 2016: Directing the Respondent to pay the Petitioner Rs.47,079/- towards Leave Salary, together with 18% interest per annum, along with interest amount towards the delayed payment of Gratuity amount Rs.4,25,243/- for the period from 30.06.2012 to 08.05.2015 as per Sec.

7 (3-A) of the Payment of Gratuity Act and further directing the 1st & 2nd Respondents to pay him interest amount towards the delayed payment of Pension Commutation amount Rs.2,41,286/- for the period from 01.07.2012 to 31.10.2013 at the rate of 18% p.a., within a time frame as may be fixed by this Honble Court.

WP No.24468 of 2016: Directing the Respondent to pay the Petitioner Rs.2,72,803/- towards Leave Salary, together with 18% interest per annum, along with interest amount towards the delayed payment of Gratuity amount Rs.5,47,232/- for the period from 30.06.2012 to 08.05.2015 as per Sec. 7 (3-A) of the Payment of Gratuity Act and further directing the 1st & 2nd Respondents to pay him interest amount towards the delayed payment of Pension Commutation amount Rs.2,75,038/- for the period from 01.07.2012 to 31.10.2013 at the rate of 18% p.a., within a time frame as may be fixed by this Honble Court WP No.24469 of 2016: Directing the 1st Respondent to pay the Petitioner Rs.4,02,232/- towards Leave Salary, Rs.1,32,120/- towards encashment of Leave on Personal Affairs, Rs.36,374/-

towards balance of gratuity amount together with 18% interest per annum, along with interest amounts towards delayed payment of part of the gratuity amount Rs.8,57,646/- for the period from 31.07.2012 to 08.05.2015 and towards delayed payment of E.P.F. Employees contributions amount Rs.4,96,203/- for the period from 31.07.2012 to 13.09.2012 at the rate of 18% interest p.a., and further direction the 1st & 2nd Respondents to pay him interest amount towards the delayed payment of Pension Commutation amount Rs.4,07,634/- for the period from 01.08.2012.... WP No.24470 of 2016: Directing the Respondent to pay the Petitioner Rs.3,52,288/- towards Gratuity, Rs.

39,046/- towards Leave Salary, together with 18% interest per annum, and further directing the 1st & 2nd Respondents to pay him interest amount towards the delayed payment of Pension Commutation amount Rs.1,81,360/- for the period from 01.03.2013 to 24.10.2013 at the rate of 18% interest, within a time frame as may be fixed by this Honble Court WP No.24471 of 2016: Directing the Respondent to pay the Petitioner Rs.3,51,649/- towards Gratuity, Rs.12,670/- towards Leave Salary, together with 18% interest per annum, along with interest amount towards the delay payment from 31.05.2013 to 05.08.2013 in paying EPF Employees Contribution amount Rs.2,08,353/- at the rate as per EPF Scheme and further directing the 1st & 2nd Respondents to pay him interest amount towards the delayed payment of Pension Commutation amount Rs.

1,93,119/- for the period from 01.06.2013 to 24.10.2013 at the rate of 18% interest, within a time frame as may be fixed by this Honble Court WP No.24472 of 2016: Directing the Respondent to pay the Petitioner Rs.4,48,129/- towards Gratuity, Rs.4,331/-towards Leave Salary, together with 18% interest per annum, along with interest amount towards the delay period from 31.5.2016 to 12.8.2013 in paying EPF Employees Contribution Amount Rs.2,10,849/- at the rate as per EPF Scheme and further directing the 1st and 2nd respondents to pay him interest amount towards the delayed payment of Pension Commutation amount Rs.2,31,441/- for the period from 1.6.2013 to 1.11.2013 at the rate of 18% interest, within a time frame as may be fixed by this Honourable Court WP No.24473 of 2016: Directing the Respondent to pay the Petitioner Rs.

78,055/- towards Gratuity, Rs.2,79,510/-towards Leave Salary, together with 18% interest per annum, along with interest amount towards the delay payment of EPF Employees Contribution Amount Rs.3,88,854/- for the period from 31.3.2013 to 27.5.2013 at the rate as per EPF Scheme and further directing the 1st and 2nd respondents to pay him interest amount towards the delayed payment of Pension Commutation amount Rs.

for the period from 31.3.2013 to 24.10.2013 at the rate of 18% interest, within a time frame as may be fixed by this Honourable Court WP No.24474 of 2016: Directing the Respondent to pay the Petitioner Rs.7,33,306/- towards Gratuity, Rs.2,84,258/- towards Leave Salary, Rs.1,35,720/- towards encashment of Leave on Personal Affairs, together with 18% interest per annum and further directing the 1st and 2nd respondents to pay him interest amount towards the delayed payment of Pension Commutation amount Rs.3,90,073/- for the period from 1.5.2013 31.10.2013 at the rate of 18% interest, within a time frame as may be fixed by this Honourable Court WP No.24475 of 2016: Directing the 1st Respondent to pay the Petitioner Rs.6,35,959/- towards Gratuity, Rs.4,79,000/- towards Leave Salary and Rs.

1,10,397/- towards encashment of Leave on Personal Affairs, together with 18% interest per annum along with interest amount towards the delayed payment of E.P.F. Employees Contribution amount Rs.2,58,356/- for the period from 31.10.2013 to 18.1.2014 at the rate of 18% interest p.a., and further directing the 1st and 2nd respondents to pay him interest amount towards the delayed payment of Pension Commutation amount Rs.3,13,310/- for the period from 1.11.2013 to 31.12.2014 at the rate of 18% interest p.a, within a time frame as may be fixed by this Honourable Court WP No.24481 of 2016: Directing the respondents to settle the petitioners retirement benefits viz., gratuity, leave salary, commutation etc., with interest at the rate of not less than 12% per annum payable from the date of retirement i.e., 31.5.

2015 to till the payment to be made to the petitioner within the time stipulated by this Honourable court WP No.24493 of 2016: Directing the respondent to disburse the terminal benefits such as gratuity, surrendered earning leave encashment, ERBF, Pension from 01.04.2015 and benefits as per revised pay scale in accordance with the settlement scheme with interest till the date of final payment in lieu of petitioners retirement dated 31.03.2015 as Senior Tradesman (J02161) from the office of the respondent corporation, Coimbatore Branch, Erode Region WP No.24518 of 2016: Directing the respondents to disburse the payments relating to Gratuity, Pension Commutation, Leave encashment (Earned & Medical Leave), Welfare fund, IRT amount, PRBS amount, Settlement arrears and D.A. arrears by calculating D.A.

eligible as per newly implemented scheme, with interest at 12% per annum with effect from 01.06.

WP No.24519 of 2016: Directing the respondents to disburse the payments relating to Gratuity, Pension Commutation, Leave encashment (Earned & Medical Leave), 12(3) Settlement arrears by calculating D.A. eligible as per newly implemented scheme, with interest at 12% per annum with effect from 01.05.2014 within stipulated time as may be fixed by this Honourable Court WP No.24520 of 2016: Directing the respondents to disburse the payments relating to Gratuity, Pension Commutation, Leave encashment (Earned & Medical Leave), Welfare Fund, IRT Amount, D.A. Arrears, review 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.24521 of 2016: Directing the respondents to disburse the payments relating to Gratuity, Pension Commutation, Leave encashment (Earned & Medical Leave), Welfare Fund, IRT Amount, D.A. Arrears, review 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.24522 of 2016: Directing the respondents to disburse the payments relating to Gratuity, Pension Commutation, Leave encashment, IRT Amount by calculating D.A. eligible as per newly implemented scheme, with interest at 12% per annum with effect from 01.04.

2016 within stipulated time as may be fixed by this Honourable Court WP No.24523 of 2016: Directing the respondents to disburse the payments relating to Gratuity, Leave encashment, Increment arrears for 5 months by calculating D.A. eligible as per newly implemented scheme, with interest at 12% per annum with effect from 01.07.2013 within stipulated time as may be fixed by this Honourable Court WP No.24524 of 2016: Directing the respondents to disburse the payments relating to Gratuity, Pension Commutation, Leave encashment (Earned & Medical Leave), 12(3) Settlement arrears by calculating D.A. eligible as per newly implemented scheme, with interest at 12% per annum with effect from 01.04.

For Petitioners : Mr.V.Ajoykhose in W.P.Nos.24331 to 24336 of 2016, W.P.Nos.24467 to 24475 of 2016 Mr.T.Pappaiah Dharmarajan in W.P.Nos.24339 to 24344 of 2016, W.P.Nos.24403 and 24404 of 2016 Mr.I.Abraham in W.P.Nos.24345 to 24347 of 2016 Mr.T.Jeevanantham in W.P.Nos.24379 to 24383 of 2016 Mr.V.S.Jagadeesan in W.P.Nos.24384 to 24388 of 2016 Mr.M.Raja in W.P.No.24481 of 2016 Mr.A.Gokulakrishnan in W.P.No.24493 of 2016 Mr.J.Pradeep in W.P.Nos.24518 to 24524 of 2016 For Respondents: Mr.P.Paramasivadoss Standing Counsel for Transport Corporation in W.P.Nos.24518 to 24524, of 2016 Mr.R.K.Gandhi Standing counsel for Transport Corporation in W.P.No.24481 of 2016, 24379 to 24383 of of 2016 and W.P.Nos.24339 to 24344 of 2016 Mr.S.Sairaman Standing Counsel for Transport Corporation in W.P.Nos.24403 to 24404, 24345 to 24347 of 2016 and W.P.Nos.

24331 to 24336 of 2016 Mr.P.Kannan Kumar Standing Counsel for Transport Corporation in W.P.Nos.24493 of 2016, 24467 to 24475 of 2016, 24384 to 24388 of 2016

Mr.P.Chinnadurai Government Advocate for State in W.P.No.24481 of 2016 Mr.M.Digvijpandian Additional Government Pleader for State in W.P.Nos.24384 to 24388 of 2016 Ms.M.E.Raniselvam Additional Government Pleader for State in W.P.Nos.24339 to 24344 of 2016 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 representation to the respective Transport Corporations. 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. They would further submit that following the same, this Court has passed similar orders in several writ petitions. Accordingly, they would pray that a similar order may be passed in these writ petitions also.

4. Heard the learned counsel for the respective petitioners; Mr.P.Chinnadurai, learned Government Advocate, Mr.M.Digvijpandian, learned Additional Government Pleader, Ms.M.E.Raniselvam, learned Additional Government Pleader appearing on behalf of the State; Mr.P.Paramasivadoss, Mr.R.K.Gandhi, Mr.S.Sairaman and Mr.P.Kannan Kumar learned Standing Counsel for the respective 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 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 01.11.2016.

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

Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar arr To

1. THE MANAGING DIRECTOR TAMIL NADU STATE TRANSPORT CORPORATION (CBE) LTD HEAD OFFICE NO.37 METTUPALAYAM ROAD COIMBATORE-641 043 2 THE ADMINISTRATOR TAMIL NADU STATE TRANSPORT EMPLOYEES PENSION FUND TRUST THIRUVALLUVAR ILLAM ANNA SALAI CHENNAI-2.

THE GOVERNMENT OF TAMILNADU REP. BY SECRETARY TO GOVERNMENT TRANSPORT DEPARTMENT SECRETARIAT CHENNAI-9 THE MANAGING DIRECTOR TAMIL NADU STATE TRANSPORT CORPORATION (SALEM) LIMITED NO.12 RAMAKRISHNA ROAD SALEM-636 007

THE GENERAL MANAGER TAMIL NADU STATE TRANSPORT CORPORATION(SALEM) LIMITED DHARMAPURI REGION SALEM MAIN ROAD BHARATHIPURAM DHARMAPURI-636 705 6 THE MANAGING DIRECTOR TAMIL NADU STATE TRANSPORT CORPORATION (VILLUPURM) LIMITED VAZHUTHAREDDY VILLUPURAM-605 602 THE GENERAL MANAGER TAMIL NADU STATE TRANSPORT CORPORATION (VILLUPURAM) LIMITED VELLORE REGION VELLORE THE ADMINISTRATOR TAMIL NADU STATE TRANSPORT CORPORATION EMPLOYEES POST RETIREMENT WELFARE FUND SCHEME THIRUVALLUVAR HOUSE PALLAVAN SALAI CHENNAI-600 002 THE MANAGING DIRECTOR TAMIL NADU STATE TRANSPORT CORPORATION (CBE) LTD HEAD OFFICE NO.37 METTUPALAYAM ROAD COIMBATORE-641 043 THE MANAGING DIRECTOR METROPOLITAN TRANSPORT CORPORATION (KUMBAKONAM) LTD. NO.27 RAILWAY STATION ROAD KUMBAKONAM 612 001 THE GENERAL MANAGER TAMIL NADU STATE TRANSPORT CORPORATION (VILLUPURM) LIMITED KANCHEEPURAM REGION KANCHEEPURAM THE GENERAL MANAGER TAMIL NADU STATE TRANSPORT CORPORATION (VILLUPURM) LIMITED VELLORE REGION VELLORE.

+ 1 cc to Mr.V.Ajoykhose, Advocate SR.39623 + 1 cc to Mr.S.Sairaman, Advocate Sr.39813 + 8 ccs to Mr.T.Pappaiah, Advocate SR.39716, 39717 + 1 cc to Mr.Government Pleader, Sr.40004 + 3 ccs to Mr.I.Abraham , Advocate Sr.39804, 39803, 39805

+ 5 ccs to Mr.T.Jeevananthan, Advocate SR.40069, 40068, 40067, 40066, 40065 + 5 ccs V.S. Jagadeesan, Advocate Sr.39619 + 1 ccs to Mr.M. Raja, Advocate Sr.39767 + 1 cc to Mr.A.Gokulakrishnan, Advocate Sr.39722 + 7 ccs to Mr.J.Pradeep, Advocate SR.39801 + 1 cc to Mr.P. Paramasivadoss, Advocate SR.39965 W.P.Nos.24331 to 24336 of 2016, 24339 to 24344 of 2016, 24345 to 24347 of 2016, 24379 to 24383 of 2016, 24384 to 24388 of 2016, 24403 and 24404 of 2016, 24467 to 24475 of 2016, 24481 of 2016, 24493 of 2016 and 24518 to 24524 of 2016 [45 cases] MP1(CO) EU 30.08.16