Chandra Mohan (60) v. The Management
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 23.09.2016
CORAM
THE HONOURABLE MR.JUSTICE R.SUBBIAH W.P.Nos.33132 to 33135 of 2016 Chandra Mohan (P.R.No.12916) ... Petitioner in W.P.No.33132/2016 R.Narayanasamy (P.R.No.7307) ... Petitioner in W.P.No.33133/2016 R.Selvaraj (P.R.No.12965) ... Petitioner in W.P.No.33134/2016 S.Arulnathan (P.R.No.9719) ... Petitioner in W.P.No.33135/2016 Vs.
1 The Management Tamil Nadu State Transport Corporation (Kovai) Limited, Rep. by its Managing Director, No.37, Mettupalayam Road, Coimbatore.
2 The General Manager, Tamil Nadu State Transport Corporation Limited, No.37, Mettupalayam Road, Coimbatore.
... Respondents in all the W.Ps.
Prayer in W.P.No.33132 of 2016:
Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondents to pay the petitioner a sum of Rs.5,97,204/- towards retirement benefits such as
earned leave and medical leave within the time stipulated by this Honourable Court.
Prayer in W.P.No.33133 of 2016:
Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondents to pay the petitioner a sum of Rs.7,58,463/- towards gratuity along with leave salary and other retirement benefits at the rate of 18% per annum within the time stipulated by this Honourable Court. Prayer in W.P.No.33134 of 2016:
Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondents to pay the petitioner a sum of Rs.5,75,070/- towards retirement benefits such as earned leave and medical leave within the time stipulated by this Honourable Court.
Prayer in W.P.No.33135 of 2016:
Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondents to pay the petitioner a sum of Rs.1,62,156/- towards retirement benefits such as earned leave and medical leave within the time stipulated by this Honourable Court.
For Petitioners : Mr.V.Sivakumar For Respondents : Mr.P.Kannan Kumar
C O M M O N O R D E R By consent, the writ petitions are taken up for final disposal. Since the issue involved in all these petitions are related to each other, they are disposed of by a common order.
2.The writ petitions have been filed seeking Mandamus directing the respondents to settle the retirement benefits, due to the petitioners, within the time stipulated by this Court. 3.The petitioners are the retired employees of the respondent Corporation and they were not paid the retirement benefits due to them, fully. Hence, the petitioners made representation to the respondents requesting to pay all the retirement benefits. But, the same have not been considered so far. Hence, left with no other alternative, the petitioners have come up with the present writ petitions for the relief set out earlier.
4.I have heard the learned counsel appearing for the petitioners and the learned counsel who take notice for the respondents. 5.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). 6.Following the said judgment, without going into the merits of the matter, the respondent is directed to disburse the aforementioned retiral benefits to the petitioner 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.
7.With the above direction, the present writ petitions are disposed of. No costs.
23.09.2016 pri Index: Yes/ No Internet: Yes/ No
To 1 The Management Tamil Nadu State Transport Corporation (Kovai) Limited, Rep. by its Managing Director, No.37, Mettupalayam Road, Coimbatore.
2 The General Manager, Tamil Nadu State Transport Corporation Limited, No.37, Mettupalayam Road, Coimbatore.
R.SUBBIAH,J.
pri W.P.Nos.33132 to 33135 of 2016 23.09.2016