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Madras High CourtWP/33196/2016disposed of

K.Kalaiselvi v. Tamil Nadu State Transport

2016-09-22Honourable Mr Justice R.Subbiah5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.09.2016

CORAM

THE HONOURABLE MR. JUSTICE R.SUBBIAH Writ Petition Nos.33196 to 33209 of 2016 K.Kalaiselvi ... Petitioner WP.No.33196/2016 J. Sundararaj ... Petitioner WP.No.33197/2016 K. Arumugam ... Petitioner WP.No.33198/2016 M. Subramanian ... Petitioner WP.No.33199/2016 K. Kandasamy ... Petitioner WP.No.33200/2016 M. Arasu ... Petitioner WP.No.33201/2016 C. Swaminathan ... Petitioner WP.No.33202/2016 R. Duraisamy ... Petitioner WP.No.33203/2016 R. Rajamani ... Petitioner WP.No.33204/2016 Boopathi K.R.

... Petitioner WP.No.33205/2016 N. Annadurai ... Petitioner WP.No.33206/2016 A. Murugesan ... Petitioner WP.No.33207/2016 K. Ponnusamy ... Petitioner WP.No.33208/2016 S. Eswaran ... Petitioner WP.No.33209/2016 vs.

Tamil Nadu State Transport Corporation Limited, 37, Mettupalayam Road, Coimbatore-641 043 rep. by its Managing Director ... Respondent in all the Wps. WP.No.33196/2016 Writ Petition has been filed under Article 226 of the Constitution of India, praying for a Writ of mandamus directing the respondent to pay the petitioner all his retirement benefits including Provident Fund, Gratuity, Leave Salary Amount and all other benefits with interest at the rate of 18% per annum and to retirement till the date of settlement by the respondent within a time frame that may be fixed by this Court.

WP.No.33197/2016 WP.No.33198/2016 WP.No.33199/2016 petitioner all his retirement benefits including Gratuity and all other benefits with interest at the rate of 18% per annum and to grant him the interest at the rate of 18% per annum for the belated settlement of his eligible benefits from the date of retirement to till the date of settlement by the fixed by this WP.No.33200/2016 petitioner all his retirement benefits including Leave Salary Amount and all other benefits with interest at rate of 18% per respondent within the time frame that may be by fixed by this WP.o.33201/2016 petitioner all his retirement benefits including Gratuity and all other benefits with interest at rate of 18% per annum and to retirement to till the date of settlement by the respondent within the time frame that may be fixed by this Court.

WP.33202/2016 petitioner all his retirement benefits including Leave Salary Amount and all other benefits with interest at rate of 18% per settlement of his eligible benefits from the date of retirement to till the date of settlement by the respondent within the time frame that may be fixed by this Court.

WP.33203/2016 WP.No.33204/2016 WP.No.33205/2016 petitioner all his retirement benefits including Provident Fund, Gratuity and all other benefits with interest at rate of 18% per respondent within the time frame that may be fixed by this Court. WP.No.33206/2016

WP.No.33207/2016 WP.No.33208/2016 petitioner all his retirement benefits including Provident Fund, Gratuity and all other benefits with interest at rate of 18% per respondent within the time frame that may be fixed by this Court. WP.No.33209/2016 petitioner all his retirement benefits including Gratuity and all other benefits with interest at rate of 18% per annum and to retirement to till the date of settlement by the respondent within the time frame that may be fixed by this Court. For Petitioner : Mr.A.Rajendiran 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/- Asst. Registrar.

/true copy/ Sub Asst. Registrar.

tsi To The Managing Director, Tamil Nadu State Transport Corporation Limited, 37, Mettupalayam Road, Coimbatore-641 043.

+14 CC to M/s. A. Rajendran, Advocate Sr.No.53867 +1 CC to M/s. S. Sairaman, Advocate Sr.No.54863 W.P.Nos.33196 to 33209/2016 RP(CO) MD : 19/10/2016