← Library
Madras High CourtWP/32802/2016disposed of

V.Baskaran S/O.M.S.Venkatraman v. The State Of Tamil Nadu

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.32802 to 32805 of 2016 V.Baskaran ... Petitioner in W.P.No.32802/2016 H.Jabbar ... Petitioner in W.P.No.32803/2016 K.P.Ramalingam ... Petitioner in W.P.No.32804/2016 R.Sarvesan ... Petitioner in W.P.No.32805/2016 vs.

1.The State of Tamil Nadu, rep. by its Principal Secretary, Transport Department, Fort St. George, Chennai-9.

2.The Managing Director, State Express Transport Corporation (TN) Ltd., Chennai-2.

... Respondents in all the writ petitions Writ petition No.32802 of 2016 has been filed under Article 226 of the Constitution of India, praying for a Writ of mandamus directing the second respondent to settle all eligible retirement benefits of the petitioner as sought for in the petitioner's representation dated 9.9.2016 including interest thereto on such belated payment within a time to be stipulated by this Court.

Writ petition No.32803 of 2016 has been filed under Article 226 of the Constitution of India, praying for a Writ of mandamus directing the second respondent to settle all eligible retirement benefits of the petitioner as sought for in the Petitioner's representation dated 9.9.2016 including interest thereto on such belated payment within a time to be stipulated by this Court.

Writ petition No.32804 of 2016 has been filed under Article 226 of the Constitution of India, praying for a Writ of mandamus directing the second respondent to settle all eligible retirement benefits of the petitioner as sought for in the Petitioner's representation dated 9.9.2016 including interest thereto on such belated payment within a time to be stipulated by this Court.

Writ petition No.32805 of 2016 has been filed under Article 226 of the Constitution of India, praying for a Writ of mandamus directing the second respondent to settle all eligible retirement benefits of the petitioner as sought for in the Petitioner's representation dated 9.9.2016 including interest thereto on such belated payment within a time to be stipulated by this Court.

For Petitioner :

Mr.L.Chandrakumar, in all the writ petitions For Respondents :

Mr.P.Kannan Kumar, 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.

-s/dAssistant Registrar True Copy Sub-Assistant Registrar sbi To 1.The Principal Secretary to Government Transport Department State of Tamil Nadu Fort St. George, Chennai-9.

+4 ccs to Mr.L.Chandrakumar Advocate sr 53435 +4 ccs to Mr.P.Kannankumar Advocate sr 53628 +1 cc to the Government Pleader sr 53505 W.P.Nos.32802 to 32805 of 2016 aa17/10/2016