S.Jayaraman v. Tamilnadu State Transport
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 27.09.2016
CORAM
THE HONOURABLE MR.JUSTICE R.SUBBIAH W.P.Nos.33817 to 33822 of 2016 S.Jayaraman ... Petitioner in W.P.No.33817/2016 Vs.
1 Tamilnadu State Transport Corporation (Salem) Ltd.
Rep. by its Managing Director 12, Ramakrishna Road, Salem - 636 007.
2 The General Manager Tamilnadu State Transport Corporation (Salem) Ltd., Dharmapuri Region, Krishnagiri Depot, Dharmapuri - 5.
3 Tamilnadu State Transport Corporations, Employees Pension Fund Trust, Rep. by its Administrator, Thiruvalluvar Illam, Anna Salai, Chennai - 2.
... Respondents in W.P.No.33817/2016 Prayer in W.P.No.33817 of 2016:
Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the Respondents to pay and settle all the retirement benefits due to the petitioner including Gratuity, Leave salary, commuted value of pension, provident fund, IRD Share amount, Dearness Allowance, Bonus, retirement period of welfare fund
and all other retirement benefits and arrears of revised salary in full together with interest at the rate of 12% per annum from the date when the payment became due till the date of payment to the petitioner, within a specified time limit as may be fixed by this Honourable court, award costs.
For Petitioners : Mr.S.P.Parvadhraj Arumugam For Respondents : Mr.R.K.Gandhi 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, with interest at the rate of 12% per annum from the date when the payment became due till the date of payment to the petitioner, within a specified time limit as may be fixed 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 respondent 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.
R.SUBBIAH,J.
pri 7.With the above direction, the present writ petitions are disposed of. No costs.
27.09.2016 pri Index: Yes/ No Internet: Yes/ No To 1 Tamilnadu State Transport Corporation (Salem) Ltd.
Rep. by its Managing Director 12, Ramakrishna Road, Salem - 636 007.
2 The General Manager Tamilnadu State Transport Corporation (Salem) Ltd., Dharmapuri Region, Krishnagiri Depot, Dharmapuri - 5.
3 Tamilnadu State Transport Corporations, Employees Pension Fund Trust, Rep. by its Administrator, Thiruvalluvar Illam, Anna Salai, Chennai - 2.
W.P.Nos.33817 to 33822 of 2016 27.09.2016