S.Kalyana Sundaram v. M/S.State Express Transport
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 20.09.2016
CORAM
THE HONOURABLE MR. JUSTICE R.SUBBIAH Writ Petition Nos.32746 to 32748 of 2016 S.Kalyana Sundaram ... Petitioner in W.P.No.32746/2016 S.Manoharan ... Petitioner in W.P.No.32747/2016 S.Vijayan ... Petitioner in W.P.No.32748/2016 vs.
M/s. State Express Transport Corporation Ltd., rep. by its Managing Director, No.2, Pallavan Salai, Chennai-2.
Respondent in all the writ petitions Writ petition No.32746 of 2016 has been filed under Article 226 of the Constitution of India, praying for a Writ of mandamus directing the respondent to settle the terminal benefits of the petitioner viz., gratuity amount of Rs.5,38,821/-, surrender of earned leave and medical leave amount of Rs.4,10,753/-, social security scheme amount of Rs.30,000/-, commutation amount of Rs.2,29,731/- and Erode Engineering College / Polytechnic / Perundurai Medical College of Rs.4,500/- altogether a sum of Rs.12,13,805/- with interest at the rate of 6% per annum taking into consideration of the representation of the petitioner dated 2.9.2016. Writ petition No.
32747 of 2016 has been filed under Article 226 of the Constitution of India, praying for a Writ of mandamus directing the respondent to settle the terminal benefits of 235 days of the petitioner of earned leave and 140 days of medical leave amount of Rs.4,37,500/- and social security scheme amount of Rs.30,000/- altogether a sum of Rs.4,67,500/- with interest at the rate of 6% per annum taking into consideration of the representation of the petitioner dated 12.9.2016.
Writ petition No.32748 of 2016 has been filed under Article 226 of the Constitution of India, praying for a Writ of mandamus directing the respondent to settle the terminal benefits of the petitioner viz., gratuity amount of Rs.7,50,000/-, social security scheme amount of Rs.30,000/-, earned leave 92 days amount of Rs.1,20,000/- and Erode Engineering College and Perundurai Medical College refund amount of Rs.4,500/- altogether a sum of Rs.9,04,500/- with interest at the rate of 6% per annum taking into consideration of the representation of the petitioner dated 9.9.2016. For Petitioner :Mr.D.Soundararaj in all the writ petitions For Respondent :Mr.R.K.Gandhi, in all the writ petitions.
COMMON ORDER By consent, the main writ petitions themselves are taken up for final disposal.
2. The petitioners joined the services of the Transport Corporation and they retired from service long before. The grievance of the petitioners is 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 respondents, on various dates. However, till date, there was no response. Aggrieved against the same, the present Writ Petitions have been filed.
3. I have heard the learned counsel appearing for the petitioners and the learned counsel, who has taken notice on behalf of the respondent.
4. The issue involved in the present writ petitions 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).
5. Following the said judgment, without going into the merits of the matter, the respondent is 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 1.12.2016.
6. With the above direction, all the writ petitions are disposed of. No costs.
Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar To 1.The Managing Director, State Express Transport Corporation Ltd., No.2, Pallavan Salai, Chennai-2.
+1cc to Mr.D.Soundar Raj, Advocate Sr.53010 +2cc cc to Mr.R.K.Gandhi, Advocate Sr.54041 W.P.Nos.32746 to 32748 of 2016 kk[co] srg 18/10/2016