M.C.Sekar v. 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.34898 to 34901 of 2016 M.C.Sekar ... Petitioner in W.P.34898 of 2016 P.Pachiyappan ... Petitioner in W.P.34899 of 2016 R.Jayachandran ... Petitioner in W.P.34900 of 2016 A.Gopinathan ... Petitioner in W.P.34901 of 2016 vs.

1. Tamil Nadu state Transport Corporation (Villupuram) Ltd., Rep. by its Managing Director, Head Office, Salaimedu, Vazhudhareddi Post, Villupuram - 605 602.

2. The General Manager, Tamil Nadu state Transport Corporation (Villupuram) Ltd., Tiruvannamalai Region, Tiruvannamalai.

... Respondents in all W.Ps.

Common Prayer :- Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondents herein to settle all the terminal benefits, namely Gratuity, Commutation, Earned Leave Surrender payment along with interest at 12% per annum from the date of Petitioners' superannuation from service within a time frame. For Petitioner in all W.Ps : Mr.K.M.Ramesh For Respondents in all W.Ps : 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, 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 01.01.2017.

7.With the above direction, the present writ petitions are disposed of. No costs.

-s/d- Assistant Registrar True Copy Sub-Assistant Registrar

To

1. Tamil Nadu state Transport Corporation (Villupuram) Ltd., Rep. by its Managing Director, Head Office, Salaimedu, Vazhudhareddi Post, Villupuram - 605 602.

2. The General Manager, Tamil Nadu state Transport Corporation (Villupuram) Ltd., Tiruvannamalai Region, Tiruvannamalai.

+1 cc to M/s.P.Kannan Kumar Advocate sr 57374 +4 cc to M/s.K.M.Ramesh Advocate sr 56734,56735, 56736,56737 dt:30/11/2016 W.P.Nos. 34898 to 34901 of 2016 ala(co) aa03/11/2016