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Madras High CourtWP/35000/2016disposed of

S.P.Subramaniam (Pr.No. 9891) v. Tamil Nadu State Transport

2016-10-04Honourable Mr Justice R.Subbiah4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04.10.2016

CORAM

THE HONOURABLE MR. JUSTICE R.SUBBIAH Writ Petition Nos.35000 to 35014 of 2016 W.P.No.35000 to 35014 of 2016 S.P.Subramaniam ... Petitioner in all Wps Ayyavoo.K.V.

... Petitioner in WP.No.35001/2016 S.Pily Jose ... Petitioner in WP.No.35002/2016 S.Natarajan ... Petitioner in WP.No.35003/2016 V.R.Subramaniam ... Petitioner in WP.No.35004/2016 R. Mani ... Petitioner in WP.No.35005/2016 R. Palanisamy ... Petitioner in WP.No.35006/2016 S. Durairaj ... Petitioner in WP.No.35007/2016 R. Mylsamy ... Petitioner in WP.No.35008/2016 M.P. Subramanian ... Petitioner in WP.No.35009/2016 M. Narayanan ... Petitioner in WP.No.35010/2016 M.Rajan ... Petitioner in WP.No.35011/2016 K. Kumarashamy ... Petitioner in WP.No.35012/2016 R. Latha, W/o. S.Ramani ... Petitioner in WP.No.35013/2016 K. Kaliappan ... Petitioner in WP.No.35014/2016 vs.

1 Tamil Nadu State Transport Corporation Ltd., 37, Mettupalayam Road ... Respondent in WP.Nos.35000 Coimbatore 641 043 to 35011 and 35013/2016 and Represented by its 1st Respondent in Managing Director W.P.No.35012/2016 2 The Administrator The Tamilnadu State Transport Corporation, Pension Fund Trust, Thiruvalluvar House, ... 2nd Respondent in Pallavan Salai, Chennai - 600 002.

W.P.No.35012/2016

3 The Managing Director, Tamil Nadu State Transport Corporation Ltd., No.12, Ramakrishna Road, Salem - 636 007 ... Respondent in Rep. By its Managing Director WP.35014/2016 Prayer in all Writ Petitions :- Writ petition filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of mandamus, to direct the respondent to pay the petitioner all his retirement benefits including • Gratuity, Leave Salary Amount and all other benefits in WP.No.35000/2016 & 35001/2016, 35003/2016, 35006/2016, 35008/2016 • Provident Fund, Gratuity, Leave Salary amount and all other benefits in W.P.No.35002/2016, 35005/2016;

• Leave Salary amount and all other benefits W.P.No.35004/2016, 35007/2016, 35009/2016, 35010/2016, 35011/2016; • Provident Fund, Gratuity, Commutation, Leve Salary amount and all other benefits in W.P.No.35012/2016;

• All the terminal benefits which is entitled on account of othe death of her husband including Provident Fund, Leave Salary amount and all other benefits in W.P.No.35013/2016; • Gratuity, and all other benefits in W.P.No.35014/2016 with interest at the rate of 18% per annum within the time frame that may be stipulated by this Court and to grant him the interest at the rate of 18% per annum for the belated settlement of his eligible benefits from the date of retirement to till the date of settlement by the respondent within the frame that may be stipulated by this Court.

For Petitioner : Mr.A.Rajendiran in all the writ petitions For Respondents :

Mr.Kannan Kumar in all the writ petitions.

COMMON ORDER By consent, the 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.

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

tsi Sd/- Assistant Registrar (CS- ) /TRUE COPY/ Sub-Assistant Registrar To The Managing Director, Tamil Nadu State Transport Corporation Ltd., 37, Mettupalayam Road Coimbatore 641 043.

+15 CCs Mr.A.Rajendiran Advocate SR.No.56816 +1 CC Government PleaderSR.No.57249 W.P.Nos.35000 to 35014 of 2016 PPA MSI 25/10/2016