S.Singarayar, v. The Managing Director,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 28.09.2016
CORAM
THE HONOURABLE MR. JUSTICE R.SUBBIAH Writ Petition Nos.34166 to 34168 of 2016 S.Singarayar ...
Petitioner in W.P.No.34166 of 2016 R.Dhanapal ...
Petitioner in W.P.No.34167 of 2016 N.Vijayakumar ...
Petitioner in W.P.No.34168 of 2016 vs.
The Managing Director Tamil Nadu State Transport Corporation 12, Ramakrishna Road Salem 636 007.
... Respondent in all W.Ps.
Writ petitions have been filed under Article 226 of the Constitution of India, praying for a Writ of mandamus directing the respondent to disburse to the petitioners, their legitimate entitlements of terminal benefits viz., (Provident Funds, Gratuity, Pension Commutation, Family Welfare Fund balance ERBS Pension arrears, surrender leave salary, Earned leave balance as on 31.01.2015, 31.05.2014 and 31.10.2015 respectively, balance dearness allowance and surrender medical leave salary by calculating D.A.eligible as per newly implemented scheme other terminal benefits payable to him with interest at 12% per annum with effect from 01.02.2015, 01.06.2014 and 01.11.2015 respectively, within the stipulated time that may be fixed by this Court. For Petitioners : Mr.K.Selvakumar in all W.Ps.
For Respondent : Mr.R.K.Gandhi in all W.Ps.
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/- Assistant Registrar / TRUE COPY / Sub-Assistant Registrar sbi
To The Managing Director Tamil Nadu State Transport Corporation 12, Ramakrishna Road Salem 636 007.
+1 cc to MR.K.SELVAKUMAR Advocate SR.NO. 55291/2016 +1 cc to MR.M.R.GANDHI Advocate SR.NO. 55501/2016 W.P.Nos.34166 to 34168 of 2016 vgi[co] RD 22/10/2016