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Madras High CourtWP/34945/2016disposed of

M.Periyagoundan v. The Managing Director

2016-10-04Honourable Mr Justice R.Subbiah5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04.10.2016

CORAM

THE HONOURABLE MR. JUSTICE R.SUBBIAH Writ Petition Nos.34945 to 34960 of 2016 W.P.No.34945 of 2016 :

M.Periyagoundan ... Petitioner vs.

1.The Managing Director, Tamil Nadu State Transport Corporation (Salem) Limited, Salem Division, No.12, Ramakrishna Road, Post Box No.713, Salem-636 007.

2.The General Manager, Tamil Nadu State Transport Corporation (Salem) Limited, Salem Division, No.12, Ramakrishna Road, Post Box No.713, Salem-636 007.

3.The Administrator, Tamil Nadu State Transport Corporation Employees Pension Fund Trust, Thiruvallurvar House, Pallavan Salai, Chennai-2.

... Respondents Writ petition No.34945 of 2016 has been filed under Article 226 of the Constitution of India, praying for a Writ of mandamus directing the respondents to settle the a. Payment of Gratuity, b. Earned Leave,

c. Medical Leave & Old Medical Leave, d. Payment of Commuted Value of Pension, e. Institute of Road and Transport Technology (IRTT) Fund and other retiral benefits payable to the petitioner with reasonable rate of interest within the time frame fixed by this Court. For Petitioner :

Mr.N.Sudhagar Nagaraj in all the writ petitions For Respondents :

Mr.P.Paramasiva Doss in all the writ petitions.

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 01.01.2017.

R.SUBBIAH, J tsi

6. With the above direction, all the writ petitions are disposed of. No costs.

04.10.2016 Index:Yes/No tsi To 1.The Managing Director, Tamil Nadu State Transport Corporation (Salem) Limited, Salem Division, No.12, Ramakrishna Road, Post Box No.713, Salem-636 007.

2.The General Manager, Tamil Nadu State Transport Corporation (Salem) Limited, Salem Division, No.12, Ramakrishna Road, Post Box No.713, Salem-636 007.

3.The Administrator, Tamil Nadu State Transport Corporation Employees Pension Fund Trust, Thiruvallurvar House, Pallavan Salai, Chennai-2.

W.P.Nos.34945 to 34960 of 2016

DATED: 04.10.2016