K.Munirathinam, M/68 Yrs v. The Principal Secretary To
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 22.09.2016
CORAM
THE HONOURABLE MR. JUSTICE R.SUBBIAH Writ Petition Nos.33128 to 33131 of 2016 K.Munirathinam ... Petitioner in W.P.No.33128/2016 T.Perumal ... Petitioner in W.P.No.33129/2016 B.Rathinakumar ... Petitioner in W.P.No.33130/2016 R.Ramadoss ... Petitioner in W.P.No.33131/2016 vs.
1.The Principal Secretary to Government Transport Department Fort St.George, Chennai - 600 009.
2.The Managing Director, Tamil Nadu State Transport Corporation (VPM) Ltd, 3/137, Salamedu, Valutjareddy - Post Villupuram - 605 602.
3.The Administrator Tamil Nadu State Transport Corporation Pension Fund Trust, Thiruvalluvar-House, Pallvan Salai, Chennai - 600 002.
... Respondents in W.P.Nos.33128, 33129 & 33131/2016
1.The Principal Secretary to Government Transport Department, Fort St.George, Chennai - 600 009.
2.The Managing Director, Metropolitan Transport Corporation (Chennai) Ltd, Pallavan Salai, Chennai - 600 002.
...Respondents in
W.P.No.33130 of 2016 Writ Petition No.33128 of 2016 has been filed under Article 226 of the Constitution of India, praying for a Writ of mandamus directing the second and third respondents to disburse the retirement benefits viz., Gratuity of Rs.2,00,000/-, Pension Arrears amount Rs.5,45,000/- and Social Security Scheme Fund Rs.30,000/-, the total comes to Rs.7,75,000/- (Rupees Seven Lakhs Seventy Five Thousand only) with 18% interest on delayed payment to the petitioner who has retired from service on 31.07.2007 as Selection Grade Driver Staff No.D5867 in the 2nd respondent's office.
Writ Petition No.33129 of 2016 has been filed under Article 226 of the Constitution of India, praying for a Writ of mandamus directing the second and third respondents to disburse the retirement benefits of Gratuity of Rs.10,00,000/-, Earned Leave Surrender Salary of Rs.5,51,980/-, Pension Commutation amount of Rs.4,00,301/- Pension
DA Arrears amount of Rs.2,200/- and IRT Contribution amount Rs.4,500/- totally comes to Rs.19,58,981/- (Rupees Nineteen Lakhs Fifty Eight Thousand Nine Hundred and Eighty One Only) with 18% interest on delayed payment to the petitioner Staff No.AS0180 who has retired from service on 31.05.2016 as Senior Superintendent in the 2nd respondent's office.
Writ Petition No.33130 of 2016 has been filed under Article 226 of the Constitution of India, praying for a Writ of mandamus directing the second respondent to disburse the retirement benefits, viz., Earned Leave Surrender Salary amount of Rs.1,55,000/- 1998 settlement Leave Benefit of Rs.45,000/- and Leave on Private Affairs Rs.75,000/- and the total comes to Rs.2,75,000/- (Rupees Two Lakhs Seventy Five Thousand only) with 18% interest on delayed payment to the petitioner Staff No.AO3587 who has retired from service on 30.04.2013 as Selection Grade Assistant Engineer. Writ Petition No.33131 of 2016 has been filed under Article 226 of the Constitution of India, praying for a Writ of mandamus directing the second and third respondents to disburse the retirement benefits of Gratuity of Rs.6,00,000/-, Earned Leave Surrender Salary of
Rs.2,35,000/-, Pension Commutation amount of Rs.2,80,000/- Pension Arrears amount of Rs.90,000/- and Settlement Arrears amount of Rs.20,000/- totally comes to Rs.12,25,000/- (Rupees Twelve Lakhs Twenty Five Thousand only) with 18% interest on delayed payment to the petitioner Staff No.SR1035 who has retired from service on 30.06.2014 as Traffic Inspector in the 2nd respondent's office. For Petitioner :
Mr.D.Veerasekaran in all the writ petitions For R1 :
Mr.R.Venkatesh in all the writ petitions.
For R2&R3 :
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.
22.09.2016 Index:Yes/No tsi To 1.The Principal Secretary to Government Transport Department Fort.St.George, Chennai - 600 009.
2.The Managing Director, Tamil Nadu State Transport Corporation (VPM) Ltd, 3/137, Salamedu, Valutjareddy - Post Villupuram - 605 602.
3.The Administrator Tamil Nadu State Transport Corporation Pension Fund Trust, Thiruvalluvar-House, Pallvan Salai, Chennai - 600 002.
R.SUBBIAH, J tsi W.P.Nos.33128 to 33131 of 2016 DATED: 22.9.2016