S.V.Mohan v. Tamil Nadu State Transport

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 06.10.2016

CORAM

THE HONOURABLE MR.JUSTICE R.SUBBIAH W.P.Nos.35668 to 35680 of 2016 S.V.Mohan ... Petitioner in WP.35668/2016 A.S.Shanmugam ... Petitioner in WP.35669/2016 S.Sivanandam ... Petitioner in WP.35670/2016 S.Kuppuraj ... Petitioner in WP.35671/2016 K.Natarajan ... Petitioner in WP.35672/2016 N.Sachidanandam ... Petitioner in WP.35673/2016 N.Nanjappan ... Petitioner in WP.35674/2016 N.Manoharan ... Petitioner in WP.35675/2016 S.A.Jaleel ... Petitioner in WP.35676/2016 N.Indiran ... Petitioner in WP.35677/2016 K.Jayaraj ... Petitioner in WP.35678/2016 A.Nagarajan ... Petitioner in WP.35679/2016 P.Dharmalingam ... Petitioner in WP.35680/2016 Vs.

Tamil Nadu State Transport Corporation(VPM)Ltd., 37 Mettupalayam Road, Coimbatore - 641 043 rep. by its Managing Director ...Ist Respondent in all WP's The Administrator Tamil Nadu State Transport Corporation pension Fund Trust Pallavan Salai, Chennai-2 ...IInd Respondent in WP.35680/16 Prayer in WP.No.35668/2016:

Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondent to pay the petitioner all his retirement benefits including leave salary amount and all other benefits 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.

WP.No.35669/2016:

retirement benefits including Leave Salary Amount and all other benefits with interest at the rate of 18% per annum within the time frame that may be stipulated by this Honourable 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 Court WP.No.35669/2016:Directing the respondent to pay the petitioner all his retirement benefits including Leave Salary Amount and all other benefits with interest at the rate of 18% per annum WP.No.35670/2016:

retirement benefits including Leave Salary Amount and all other benefits with interest at the rate of 18% per annum within the time frame that may be stipulated by this Honourable 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 Court WP.NO.35671/2016:Directing the respondent to pay the petitioner all his retirement benefits including Leave Salary Amount and all other benefits with interest at the rate of 18% per annum WP.No.35672/2016:Directing the respondent to pay the petitioner Leave Salary Amount and all other benefits with interest at the rate of 18% per annum within the time frame that may be stipulated by this Honourable Court and to grant him the

date of settlement by the respondent within the time frame that may be stipulated by this Honourable Court WP.No.35673/2016:

retirement benefits including Gratuity Leave Salary Amount and all other benefits with interest at the rate of 18% per annum WP.No.35674/2016:Directing the respondent to pay the petitioner Leave Salary Amount and all other benefits with interest at the rate of 18% per annum within the time frame that may be stipulated by this Honourable Court and to grant him the date of settlement by the respondent within the time frame that may be stipulated by this Honourable Court WP.No.35675/2016:Directing the respondent to pay the petitioner all his retirement benefits including Leave Salary Amount and all other benefits with interest at the rate of 18% per annum WP.No.35676/2016:Directing the respondent to pay the petitioner all his retirement benefits including Leave Salary Amount and all other benefits with interest at the rate of 18% per annum WP.No.35677/2016:

retirement benefits including Gratuity Leave Salary Amount and all other benefits with interest at the rate of 18% per annum

WP.No.35678/2016:Directing the respondent to pay the petitioner all his retirement benefits including Gratuity Leave Salary Amount and all other benefits with interest at the rate of 18% per annum within the time frame that may be stipulated by this Honourable 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 time frame that may be stipulated by this Honourable Court WP.No.35679/2016:

retirement benefits including Provident Fund Gratuity and all other benefits with interest at the rate of 18% per annum within the time frame that may be stipulated by this Honourable 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 Court WP.No.35680/2016:Directing the respondent to pay the petitioner Commutation Leave Salary Amount and all other benefits with interest at the rate of 18% per annum within the time frame that may be stipulated by this Honourable Court and to grant him the date of settlement by the respondent within the time frame that may be stipulated by this Honourable Court For Petitioner in all W.Ps : Mr.A.Rajendiran For Respondent in all W.Ps : Mr.S.Sairaman 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 respondent is directed to disburse the aforementioned retiral benefits to the petitioner 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.

-s/d- Assistant Registrar True Copy Sub-Assistant Registrar mrp

To 1.The Managing Director Tamil Nadu State Transport Corporation(VPM)Ltd., 37 Mettupalayam Road, Coimbatore - 641 043

2. The Administrator Tamil Nadu State Transport Corporation pension Fund Trust Pallavan Salai, Chennai-2 +13 ccs to M/s.A.Rajendiran Advocate sr 57456 W.P.Nos.35668 to 35680 of 2016 rsk(co) aa14/11/2016