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Madras High CourtWP/35641/2016disposed of

C.P.Ravichandran, v. The Principal Secretary To

2016-10-06Honourable Mr Justice R.Subbiah4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 06.10.2016

CORAM

THE HONOURABLE MR.JUSTICE R.SUBBIAH W.P.Nos.35641 to 35643 of 2016 C.P.Ravichandran ... Petitioner in W.P.35641/2016 G.Mohammed Salahuddin ... Petitioner in W.P.35642/2016 A.Gnanasekaran ... Petitioner in W.P.35643/2016 Vs.

1. The Principal Secretary to Government, Transport Department, Fort. St. George, Chennai - 600 009.

... first respondent in all W.Ps.

2. The Managing Director, Metropolitan Transport Corporation (Chennai) Ltd., Pallavan Salai, Chennai- 600 002.

... second respondent in W.Ps.35641 & 35642 /2016

3. The Managing Director, Tamil Nadu State Transport Corporation (VPM) Ltd., 3/137, Salamedu, Valuthareddy - Post, Villupuram - 605 602. ... second respondent in W.Ps.35643 / 2016

4. The Administrator, Tamil Nadu State Transport Corporation, Pension Fund Trust, Thiruvalluvar-House, Pallavansalai, Chennai - 600 002.

... 3rd respondent in W.P.No.35642 & 35643/2016 Prayer in W.P.No.35641 of 2016:

Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the 2nd respondent to disburse the retirement benefits, viz., Earned leave surrender salary amount of Rs.3,14,016/-, 1998 settlement leave benefit of Rs.51,350/-, leave on private affairs amount Rs.58,878/-, DA arrears amount Rs.39,000/- and IRT contribution amount Rs.4,600/- the total comes to Rs.4,67,844 with 18% interest on delayed payment to the petitioner the Superintendent staff No.A00063 who has retired from service on 31.12.2013 in the 2nd respondent's office.

Prayer in W.P.No.35642 of 2016:

Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondents 2 and 3 to disburse the retirement benefits, viz., Earned leave surrender salary amount of Rs.3,34,080/-, pension commutation amount Rs.31,31,325/-, settlement arrears amount Rs.1,15,800/-, 1998 settlement leave benefit of Rs.19,500/-, IRT contribution amount Rs.4600/- and DA arrears amount of Rs.48,000/- the total comes to Rs.8,53,305/- with 18% interest on delayed payment to the petitioner the checking Inspector staff no.C12488 who retired from service on 30.09.2015 in the second respondent office.

Prayer in W.P.No.35643 of 2016:

Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondents 2 and 3 to disburse the retirement benefits of gratuity of Rs.9,75,000/-, earned leave surrender salary of rs.3,65,000/-, pension commutation amount of Rs.3,70,000/-, DA arrears amount Rs.5000/- and IRT contribution amount of Rs.4500/-, totally comes to Rs.17,19,500/- with 18% interest on delayed payment to the petitioner Staff No/SR1054 who has retired from service on 31.03.2016 as Traffic Manager in the 2nd respondent's office. For Petitioner in all W.Ps : Mr.D.Veerasekaran

For Respondents in all W.Ps : Mr. K.Dhananjayan, Spl. G.P. - for R1 : Mr.P.Kannan Kumar, for R2 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 respondent 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 respondents 1 and 2 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.

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

Sd/- Asst.Registrar /true copy/ Sub Asst. Registrarmrp To

1. The Principal Secretary to Government, Transport Department, Fort. St. George, Chennai - 600 009.

+4cc to Mr.P.Kannan Kumar, Advocate Sr.58450 +1cc to Government Pleader Sr.57853 +3cc to Mr.D.Veerasekaran Advocate Sr.57548,57546 & 57547 W.P.Nos.35641 to 35643 of 2016 AD(CO) RVR 11/11/2016