R.Durai v. The Managing Director
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 20.09.2016
CORAM
THE HONOURABLE MR. JUSTICE R.SUBBIAH Writ Petition Nos.32767 to 32769 of 2016 R.Durai ... Petitioner in W.P.No.32767/2016 P.Kuppuraj ... Petitioner in W.P.No.32768/2016 D.Ramalingam ... Petitioner in W.P.No.32769/2016 vs.
1.The Managing Director, Tamil Nadu State Transport Corporation (Villupuram) Limited, Vazhuthareddy, Villupuram-2.
2.The General Manager, Tamil Nadu State Transport Corporation (Villupuram) Limited, Tiruvannamalai Region, Tiruvannamalai.
3.The Administrator, Tamil Nadu State Transpeort Corporation Employees Post Retirement Welfare Fund Scheme, Thiruvalluvar House, Pallavan Salai, Chennai-2.
... Respondents in all the writ petitions Writ petition No.32767 of 2016 has been filed under Article 226 of the Constitution of India, praying for a Writ of mandamus directing the respondents to settle the petitioner's retirement benefits including leave salary, gratuity, commutation, dearness allowance arrears, settlement arrears and all other retirement benefits, etc. with interest at the rate of not less than 12% per annum payable from the date of retirement and consequently, direct the respondents to pay interest at the rate of 12% per annum for the belated settlement of retirement benefits to the petitioner payable from the date of retirement i.e., 31.5.2016 till the date of actual payment made to the petitioner within a stipulated time.
Writ petition No.32768 of 2016 has been filed under Article 226 of the Constitution of India, praying for a Writ of mandamus directing the respondents to settle the petitioner's retirement benefits including leave salary, gratuity, commutation, dearness allowance arrears, settlement arrears and all other retirement benefits, etc. with interest at the rate of not less than 12% per annum payable from the date of retirement and consequently, direct the respondents to pay interest at the rate of 12% per annum for the belated settlement of retirement benefits to the petitioner payable from the date of retirement i.e., 31.5.2016 till the date of actual payment made to the petitioner within a stipulated time.
Writ petition No.32769 of 2016 has been filed under Article 226 of the Constitution of India, praying for a Writ of mandamus directing the respondents to settle the petitioner's retirement benefits including leave salary, gratuity, commutation, dearness allowance arrears, settlement arrears and all other retirement benefits, etc. with interest at the rate of not less than 12% per annum payable from the date of retirement and consequently, direct the respondents to pay interest at the rate of 12% per annum for the belated settlement of retirement benefits to the petitioner payable from the date of retirement i.e., 31.5.2016 till the date of actual payment made to the petitioner within a stipulated time.
For Petitioner :Mr.B.Jawahar, in all the writ petitions For Respondents :Mr.S.Sairaman, 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(CS VI) //True Copy// Sub Assistant Registrar To 1.The Managing Director, Tamil Nadu State Transport Corporation (Villupuram) Limited, Vazhuthareddy, Villupuram-2.
2.The General Manager, Tamil Nadu State Transport Corporation (Villupuram) Limited, Tiruvannamalai Region, Tiruvannamalai.
3.The Administrator, Tamil Nadu State Transpeort Corporation Employees Post Retirement Welfare Fund Scheme, Thiruvalluvar House, Pallavan Salai, Chennai-2.
+1cc to Mr.S.Sairaman, Advocate Sr.53330 +1cc to Mr.B.Jawahar, Advocate Sr.53633 W.P.Nos. 32767 to 32769 of 2016 kk[co] srg 18/10/2016