C.Sengodan, v. The Tamil Nadu State Transport
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 03.10.2016
CORAM
THE HONOURABLE MR.JUSTICE R.SUBBIAH W.P.Nos.34794 to 34796 of 2016 C.Sengodan ... Petitioner in W.P.No.34794 of 2016 D.Rengarajan ... Petitioner in W.P.No.34795 of 2016 R.Murugesan ... Petitioner in W.P.No.34796 of 2016 Vs.
1 The Tamil Nadu State Transport Corporation (Salem) Limited, Represented by its Managing Director, Salem Region, 12, Ramakrishna Road, Salem - 7.
... Respondent in all W.Ps.
3 The Administrator, The Tamil Nadu State Transport Corporation Pension Trust, Thiruvalluvar Illam, Pallavan Salai, Chennai - 600 002.
... Respondent in W.Ps.34794 & 34795 of 2016 Prayer in W.P.No.34794 of 2016:
Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondents to settle the petitioner's retirement benefits including Gratuity, Commutation of pension, leave surrender wages, IRT share amount, Earned Leave Wages and pending Medical Leave Wages paid before the year of 1998 payable to him with reasonable rate of interest within the time that may be stipulated by this Hon'ble Court. Prayer in W.P.No.34795 of 2016:
Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondents to settle the petitioner's retirement benefits including Leave Surrender wages, Earned Leave Wages and pending Medical Leave Wages paid before the year of 1998 payable to him with
reasonable rate of interest within the time that may be stipulated by this Hon'ble Court.
Prayer in W.P.No.34796 of 2016:
Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondents to settle the petitioner's retirement benefits including Provident Fund, Labour Welfare fund, Leave Surrender wages, IRT share amount, Earned Leave Wages and pending Medical Leave Wages paid before the year of 1998 payable to him with reasonable rate of interest within the time that may be stipulated by this Hon'ble Court.
For Petitioners in all W.Ps.: Mr.V.Ajoy Khose For Respondents in all W.Ps : Mr.P.Paramasivadoss 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, within the time that may be 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.
Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar To 1 The Tamil Nadu State Transport Corporation (Salem) Limited, Managing Director, Salem Region, 12, Ramakrishna Road, Salem - 7.
2 The Administrator, The Tamil Nadu State Transport Corporation Pension Trust, Thiruvalluvar Illam, Pallavan Salai, Chennai - 600 002.
+1cc to Mr.P.Paramasivadoss, Advocate Sr.56906 +4cc to Mr.V.Ajoy Khose, Advocate SR.56879, 56508 W.P.Nos.34794 to 34796 of 2016 skv[co] srg 07/11/2016