D.Asirvatham v. The Managing Director,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 05.10.2016
CORAM
THE HONOURABLE MR. JUSTICE R.SUBBIAH Writ Petition Nos.35293 to 35298 of 2016 D.Asirvatham ... Petitioner in W.P.No.35293 of 2016 S. Sekaran ... Petitioner in W.P.No.35294 of 2016 V. Devasahayam ... Petitioner in W.P.No.35295 of 2016 H. Mahalingam ... Petitioner in W.P.No.35296 of 2016 R. Velmurugan ... Petitioner in W.P.No.35297 of 2016 C. Shanmugam ... Petitioner in W.P.No.35298 of 2016 Vs.
1 The Managing Director Tamil Nadu State Transport Corporation (Villupuram) Limited Vazhuthareddy Vilupuram 605 602.
...R1 in all Wps 2 The General Manager Tamil Nadu State Transport Corporation (Villupuram) Limited Kancheepuram Region Kancheepuram.
...R2 in W.P.No.35293 to 35295/16 3 The Administrator Tamil Nadu State Transport Corporation Employees Post Retirement Welfare Fund Scheme Thiruvalluvar House Pallavan Salai Chennai 2.
...R3 in all WPs The General Manager Tamilnadu State Transport Corporation (Villupuram ) LTd., Vellore Region, Vellore ...R2 in W.P.No.35296 to 35298/16
Prayer :
Writ petitions has been filed under Article 226 of the Constitution of India, praying for a Writ of mandamus directing the respondents to disburse the payments relating to Gratuity, Pension Commutation and Leave Surrender (Earned Leave), Settlement Effect & Arrears, ERBS Pension, Pension and Pay Arrears and all other benefits by calculating D.A. eligible as per the fixation made by the Government of Tamil Nadu periodically along with the entitled difference of dearness allowances also with interest at 12% per annum with effect from 01.06.2016, 1.11.2012,1.7.14, 1.6.15, 1.6.15, 1.6.16 respectively within the stipulated time as may be fixed by this Honourable Court For Petitioner in all W.Ps.
: Mr.G.Sakthivel For Respondents in all W.Ps.
: Mr.P.Paramasivadoss 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 1.1.2017.
6. With the above direction, all the writ petitions are disposed of. No costs.
Sd/- Asst.Registrar (CS VII ) /true copy/ Sub Asst. Registrar sbi To 1 The Managing Director Tamil Nadu State Transport Corporation (Villupuram) Limited Vazhuthareddy Vilupuram 605 602.
2 The General Manager Tamil Nadu State Transport Corporation (Villupuram) Limited Kancheepuram Region Kancheepuram.
3 The Administrator Tamil Nadu State Transport Corporation Employees Post Retirement Welfare Fund Scheme Thiruvalluvar House Pallavan Salai Chennai 2.
4. The General Manager Tamilnadu State Transport Corporation (Villupuram ) LTd., Vellore Region, Vellore W.P.Nos.35293 to 35298 of 2016 KSJ (CO) kk 8/11