G.Sukumaran(Staff No .Cr1110) v. The Managing Director
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 16.09.2016
CORAM
THE HONOURABLE MR.JUSTICE R.SUBBIAH W.P.No.32367 of 2016 G.Sukumaran (Staff No.CR1110) ... Petitioner Vs.
1 The Managing Director Tamil Nadu State Transport Corporation (Villupuram) Limited, Vazhuthareddy, Villupuram - 605 602.
2 The General Manager Tamilnadu State Transport Corporation (Villupuram) Limited, Cuddalore Region, Cuddalore - 607 001.
3 The Administrator, Tamil Nadu State Transport Corporation, Employees Post Retirement Welfare Fund Scheme, Thiruvalluvar House, Pallavan Salai, Chennai - 600 002.
... Respondents Prayer:
Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondents to disburse the payments relating to Gratuity, Pension Commutation, Leave Surrender (Earned Leave & Old Medical Leave), DA Arrears and others 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 01.06.2016 within the stipulated time as may be fixed by this Honourable Court.
For Petitioner : Mr.G.Sakthivel For Respondents : Mr.R.K.Gandhi
O R D E R
By consent, the writ petition is taken up for final disposal. 2.The present writ petition has been filed seeking a Mandamus directing the respondents to disburse the payments relating to Gratuity, Pension Commutation, Leave Surrender (Earned Leave & Old Medical Leave), DA Arrears and others 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 01.06.2016 within the stipulated time as may be fixed by this Court. 3.It is the case of the petitioner that he joined in the erstwhile Thanthai Periyar Transport Corporation, Chidambaram Branch which after various mergers and demergers, was named as Tamilnadu State Transport Corporation (Villupuram) Limited, Cuddalore Region, on 20.10.1984 and conformed on 01.03.1986 and retired from service on 31.05.2016 as Special Grade Conductor. The petitioner was not paid
the retirement benefits like Gratuity, Pension Commutation, Leave Surrender (Earned Leave & Old Medical Leave), DA Arrears etc. Hence, the petitioner made a representation dated 16.08.2016 to the respondent requesting to pay all the retirement benefits. But, the same was not considered so far. Hence, left with no other alternative, the petitioner has come up with the present writ petition for the relief set out earlier.
4.I have heard the learned counsel appearing for the petitioner and the learned counsel who takes notice for the respondents. 5.The issue involved in the present writ petition is squarely covered by the judgment of the Division Bench of the Madurai Bench of this Court dated 12.6.2015 made 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). 6.Following the said judgment, without going into the merits of the matter, the respondent is directed to disburse the aforementioned retiral benefits to the petitioner 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.
R.SUBBIAH,J.
pri 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 1.12.2016.
7.With the above direction, the present writ petition is disposed of. No costs.
16.09.2016 pri Index: Yes/ No Internet: Yes/ No To 1 The Managing Director Tamil Nadu State Transport Corporation (Villupuram) Limited, Vazhuthareddy, Villupuram - 605 602.
2 The General Manager Tamilnadu State Transport Corporation (Villupuram) Limited, Cuddalore Region, Cuddalore - 607 001.
3 The Administrator, Tamil Nadu State Transport Corporation, Employees Post Retirement Welfare Fund Scheme, Thiruvalluvar House, Pallavan Salai, Chennai - 600 002.
W.P.No.32367 of 2016 16.09.2016