S.Kumar, S/O.Shanmugasundaram, v. The Management Of
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 05.10.2016
CORAM
THE HONOURABLE MR. JUSTICE R.SUBBIAH Writ Petition Nos.35415 and 35416 of 2016 S.Kumar ... Petitioner in W.P.No.35415/2016 S.Chandrasekaran ... Petitioner in W.P.No.35416/2016 Vs.
1 The Management of Tamilnadu State Transport Corporation (Kovai) Ltd Rep by its Managing Director Coimbatore ... Respondent in both W.Ps.
Prayer in W.P.No.35416/2016: Writ petition has been filed under Article 226 of the Constitution of India, praying for a Writ of mandamus directing the respondent to pay the petitioner Rs.13,23,587/- towards Gratuity Rs.7,89,629/- towards E.P.F. Employees Contributions, Rs.7,54,400/- towards Leave Salary and Rs.2,08,911/- towards Encashment of Leave on personal Affairs together with 18% interest per annum within a time frame as may be fixed by this Honourable Court.
Prayer in W.P.No.35417/2016: Writ petition has been filed under Article 226 of the Constitution of India, praying for a Writ of mandamus directing the respondent to pay the petitioner Rs.9,40,013/- towards Gratuity Rs.2,27,528/- towards E.P.F. Employees Contributions, Rs.6,54,655/- towards Leave Salary and Rs.1,45,838/- towards Encashment of Leave on personal Affairs together with 18% interest per annum within a time frame as may be fixed by this Honourable Court.
For Petitioner in both W.Ps. : Mr.V.Ajoykhose For Respondent in both W.Ps. : Mr.P.Kannan Kumar 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 respondent, 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 respondent.
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 respondent is 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, both the writ petitions are disposed of. No costs.
Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar
sbi To 1 The Managing Director Management of Tamilnadu State Transport Corporation (Kovai) Ltd Coimbatore +2cc to Mr.V. Ajaykhose Advocate, S.R.No.57407 +1cc to Mr.P. Kannankumar, Advocate, S.R.No.58124 GJ (CO) md (12/11/2016) W.P.Nos.35415 and 35416 of 2016