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Madras High CourtWP/32763/2016disposed of

S.Thangaraj, Staff No.Cr1674, v. The Managing Director,

2016-09-20Honourable Mr Justice R.Subbiah3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 20.09.2016

CORAM

THE HONOURABLE MR. JUSTICE R.SUBBIAH Writ Petition Nos.32763 to 32765 of 2016 S.Thangaraj ... Petitioner in W.P.No.32763/2016 T.Subramanian ... Petitioner in W.P.No.32764/2016 A.Chandrasekaran ... Petitioner in W.P.No.32765/2016 vs.

1.The Managing Director, Tamil Nadu State Transport Corporation (Villupuram) Ltd., Vazhuthareddy, Villupuram-605 602.

2.The Administrator, Tamil Nadu State Transport Corporation, Employees Post Retirement Welfare Fund Scheme, Thiruvalluvar House, Pallavan Salai, Chennai-2.

... Respondents in all the writ petitions Writ petition No.32763 of 2016 has been filed under Article 226 of the Constitution of India, praying for a Writ of mandamus directing the respondents to disburse the payment relating to gratuity, pension arrears, DA arrears and CRBS pension amount and other retirement benefits by calculating DA eligible as per newly implemented scheme, with interest at 12% per annum with effect from 1.3.2013 within the stipulated time fixed by this Court.

Writ petition No.32764 of 2016 has been filed under Article 226 of the Constitution of India, praying for a Writ of mandamus directing the respondents to disburse the payment relating to gratuity, pension arrears, DA arrears and CRBS pension amount and other retirement benefits by calculating DA

eligible as per newly implemented scheme, with interest at 12% per annum with effect from 1.3.2013 within the stipulated time fixed by this Court.

Writ petition No.32765 of 2016 has been filed under Article 226 of the Constitution of India, praying for a Writ of mandamus directing the respondents to disburse the payment relating to gratuity, pension commutation, leave encashment (Earned and Medical leave), Welfare fund, IRT amount, 5.5 pension arrears, (2013) 5.5. Settlement arrears, DA arrears, CRBS pension amount and other retirement benefits by calculating DA eligible as per newly implemented scheme, with interest at 12% per annum with effect from 1.4.2015 within the stipulated time fixed by this Court.

For Petitioner : Mr.D.Karthik in all the writ petitions For Respondents : Mr.P.Paramasivadoss, 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 respondents.

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 respondents 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 1.12.2016.

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

Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar sbi To 1.The Managing Director, Tamil Nadu State Transport Corporation (Villupuram) Ltd., Vazhuthareddy, Villupuram-605 602.

2.The Administrator, Tamil Nadu State Transport Corporation, Employees Post Retirement Welfare Fund Scheme, Thiruvalluvar House, Pallavan Salai, Chennai-2.

+3ccs to D. Karthik, Advocate SR.53182 + 1 cc to P.Paramasivadoss, Advocate Sr.53401 W.P.Nos. 32763 to 32765 of 2016 GJII(CO) EU 07.10.16