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Madras High CourtWP/30814/2016disposed of

M.Nedunchezhian, Staff No.Dr v. The Managing Director,

2016-09-02Honourable Mr Justice B. Rajendran6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 02.09.2016

CORAM

THE HONOURABLE MR. JUSTICE B.RAJENDRAN W.P. Nos.30814 to 30824 of 2016 W.P.Nos.30814 of 2016 1 M.NEDUNCHEZHIAN ... PETITIONER in WP No.30814 of 2016 STAFF NO.DR 2150 1 A.R.BALRAJ ... PETITIONER in WP No.30815 of 2016 STAFF NO.EA0200 1 J.PURUSHOTHAMAN ... PETITIONER in WP No.30816 of 2016 STAFF NO.TR 0922 1 S.GOVINDASAMY ... PETITIONER in WP No.30817 of 2016 1 A.SETHU RAJA ... PETITIONER in WP No.30818 of 2016 STAFF NO.CR 2477 1 C.NARAYANASAMY ... PETITIONER in WP No.30819 of 2016 STAFF NO.TR 0987 1 P.SELVAM ... PETITIONER in WP No.30820 of 2016 STAFF NO.DR5115 1 M.KRISHNAMURTHI ... PETITIONER in WP No.30821 of 2016 STAFF NO.FC0443 1 K.MANICKAM ... PETITIONER in WP No.30822 of 2016 STAFF NO.DR1781 1 T.THAMARAISELVAN ... PETITIONER in WP No.30823 of 2016 STAFF NO.MCR042 1 K.VENNILA ... PETITIONER in WP No.30824 of 2016 Vs.

1. The Managing Director,

2. The General Manager,

3. The Administrator, Tamil Nadu State Transport Corporation Employees Pension Fund Trust, Thiruvalluvar House, Pallavan Salai, Chennai - 600 002. .. Respondents These Writ Petitions are filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, WP No.30814 of 2016:

WP No.30815 of 2016:

Leave, Medical Leave, Provident Fund, Employees Retirement Benefit Scheme (ERBS), Institute of Road and Transport Technology (IRTT) Fund and other retiral benefits payable to the petitioner with reasonable rate of interest within the time frame that may be stipulated by this Honourable Court. WP No.30816 of 2016:

Directing the respondents to settle payment of (a) Gratuity - , (b) Earned Leave - 151 days, (i) For the year 2009-2012 - 60 days, Total Earned Leave - 211 days, (c) Medical Leave & Old Medical Leave, (d) Provident Fund, (e) Employees Retirement Benefit Scheme (ERBS), (f) Institute of Road and Transport Technology (IRTT) Fund and other retiral benefits payable to the petitioner with reasonable rate of interest within the time frame that may be stipulated by this Honourable Court. WP No.30817 of 2016:

WP No.30818 of 2016:

Provident Fund, Employees Retirement Benefit Scheme, (ERBS), WP No.30819 of 2016:

WP No.30820 of 2016:

WP No.30821 of 2016:

Provident Fund, Employees Retirement Benefit Scheme (ERBS), WP No.30822 of 2016:

Provident Fund, Employees Retirement Benefit Scheme (ERBS), Honourable Court

WP No.30823 of 2016:

Leave, Medical Leave & Old Medical Leave, Payment of Commuted Value of Pension, Provident Fund, Employees Retirement Benefit Scheme (ERBS), Institute of Road and Transport Technology (IRTT) Fund and other retiral benefits payable to the petitioner with reasonable rate of interest within the time frame that may be stipulated by this Honourable Court WP No.30824 of 2016:

Arrears of 14 months family pension from November-2014 to December-2015, Employees Retirement Benefit Scheme (ERBS), For Petitioner : Mr.N.Sudhagar Nagaraj For Respondents : Mr.R.K.Gandhi Standing Counsel C O M M O N O R D E R By consent, the Writ Petitions are taken up and disposed of at the stage of admission itself.

2. The petitioners joined the service of the Transport Corporation and he retired from service long before. The grievance of the petitioners are that though, they retired from service long before, till date, they were not paid with the retirement benefits. In this regard, the petitioners submitted representations before the respondent, on various dates. However, till date, there was no response. Aggrieved against the same, the present Writ Petitions were filed.

3. The 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 Transport Corporation undertook to pay the amount due and payable to the petitioner therein 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. The learned Standing Counsel, who took notice on behalf of the respondents, would affirm that the issue involved in these Writ Petitions is squarely covered by the judgment passed by the Madurai Bench of this Court in W.A.(MD) Nos.383 to 457 of 2015, dated 12.06.2015 and the relevant portion of the said judgment reads as follows:- "2. The said statement is thus taken on records and the respondents will be bound by the same. We have to keep in mind the judicial pronouncement of the Hon'ble Supreme Court in D.D.Tewari (D)through LRS. Vs. Uttar Haryana Bijli Vitran Nigam Ltd and Others (2014 (9) SCALE -78), wherein it is held that in case of any delay in making the payment of the instalments, the interest payable would become 18% p.a., for the delayed period apart from any other remedy which may be available to the appellants for non-compliance of undertaking given to this Court.

3. The instalments to be paid from July 2015 and each instalments should be paid on or before 7th of each month."

5. Considering the fact that the issue involved in these Writ Petitions is squarely covered by the orders passed by this Court in similar circumstances, without going into the merits of the matter, the Managing Director and General Manager of the respective Transport Corporation are directed to disburse the aforementioned retiral benefits to 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 (K.Rajendran & Others vs. The Tamil Nadu State Transport Corporation (Madurai) Limited, rep. by its Managing Director, Madurai and others), dated 12.06.2015. It is also made clear that the first instalment shall commence from 01.12.2016.

6. With the above direction, these Writ Petitions are disposed of. No costs.

Sd/- Assistant Registrar(CS V) //True Copy// Sub Assistant Registrar

To

1. The Managing Director,

2. The General Manager,

3. The Administrator, Tamil Nadu State Transport Corporation Employees Pension Fund Trust, Thiruvalluvar House, Pallavan Salai, Chennai - 600 002.

+11 cc to Mr.N.Sudhagar Nagaraj, Advocate Sr.50067 +1cc to Mr.R.K.Gandhi, Advocate Sr.50476 W.P. Nos. 30814 to 30824 of 2016 mp1[co] srg 03/10/2016