A.Vellingiri v. The Manager Director

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 23.09.2016

CORAM

THE HONOURABLE MR.JUSTICE R.SUBBIAH W.P.Nos.33569 to 33572 of 2016 A.Vellingiri ... Petitioner in W.P.No.33569/2016 P.Arumugam ... Petitioner in W.P.No.33570/2016 S.Kandasamy ... Petitioner in W.P.No.33571/2016 C.Nallathambi ... Petitioner in W.P.No.33572/2016 Vs.

1 The Manager Director Tamilnadu State Transport Corporation (CBE) Ltd 37, Mettupalayam Road, Coimbatore - 45.

2 The General Manager Tamilnadu State Transport Corporation (CBE) Ltd Erode Region, Chennimalai Road, Erode - 1.

3 The Administrator Tamilnadu State Transport Employee's Pension Fund Trust, Thiruvalluvar Illam, Anna Salai, Chennai - 2.

... Respondents in all W.Ps.

Prayer in W.P.No.33569 of 2016:

Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondents to settle the terminal benefits due payable to the petitioner as per the order of the

WA.(MD).Nos.383 to 457 of 2015 dated 12.06.2015 with interest at 12% per annum with effect from 31.05.2014 within the time limit stipulated by this Honourable Court.

Prayer in W.P.No.33570 of 2016:

Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondents to settle the terminal benefits due payable to the petitioner as per the order of the WA.(MD).Nos.383 to 457 of 2015 dated 12.06.2015 with interest at 12% per annum with effect from 30.06.2016 within the time limit stipulated by this Honourable Court.

Prayer in W.P.No.33571 of 2016:

Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondents to settle the terminal benefits due payable to the petitioner as per the order of the WA.(MD).Nos.383 to 457 of 2015 dated 12.06.2015 with interest at 12% per annum with effect from 31.01.2016 within the time limit stipulated by this Honourable Court.

Prayer in W.P.No.33572 of 2016:

Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondents to settle the terminal benefits due payable to the petitioner as per the order of the WA.(MD).Nos.383 to 457 of 2015 dated 12.06.2015 with interest at 12% per annum with effect from 31.01.2016 within the time limit stipulated by this Honourable Court.

For Petitioners : Mr.R.S.Vijayaprasad 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, as per the order made in WA.(MD).Nos.383 to 457 of 2015 dated 12.06.2015 with interest at 12% per annum with effect from the date of their retirement, within the time limit 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, 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 Manager Director Tamilnadu State Transport Corporation (CBE) Ltd 37, Mettupalayam Road, Coimbatore - 45.

2 The General Manager Tamilnadu State Transport Corporation (CBE) Ltd Erode Region, Chennimalai Road, Erode - 1.

3 The Administrator Tamilnadu State Transport Employee's Pension Fund Trust, Thiruvalluvar Illam, Anna Salai, Chennai - 2.

R.SUBBIAH,J.

pri W.P.Nos.33569 to 33572 of 2016 23.09.2016