Mr.K.M.Subramanian, v. The Government Of Tamil Nadu,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 07.10.2016
CORAM
THE HONOURABLE MR.JUSTICE R.SUBBIAH W.P.Nos.35735 to 35748 of 2016 K.M.Subramanian ... Petitioner in W.P.No.35735/2016 Vs.
1 The Government of Tamil Nadu Rep. by its Principal Secretary, Transport Department, Secretariat, Fort St. George, Chennai - 600 009.
2 The Managing Director Tamil Nadu State Transport Corporation (VPM) Ltd., 3/137 Salamedu, Valuthareddy Post, Villupuram - 605 602.
3 The Administrator Tamil Nadu State Transport Corporation Pension Fund Trust, Thiruvalluvar House, Pallavan Salai, Chennai - 600 002.
... Respondents in W.P.No.35735/2016 Prayer in W.P.No.35735 of 2016:
Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the Respondents to settle the petitioner retirement benefits after to extend the benefits of pay revision in terms of settlement with enhanced dearness allowance and
to pay all the retirement benefits payable to the petitioner including the Gratuity, Pension arrears, Pension DA Arrears, Retirement Benefit Scheme, DA arrears with interest of 18% on delayed payment to the petitioner from 30.11.2012 the date of retirement to till the date of settlement of the terminal benefits to the petitioner by following the order passed in W.A.(MD) Nos.383 to 457 of 2015 dated 12.06.2015. For Petitioners : Mr.V.S.Jagadeesan For Respondents : Mr.K.Dhananjayan for R1 Special Government Pleader Mr.P.Kannan Kumar for R2 and R3 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 respondents to settle the retirement benefits, due to the petitioners, along with interest by following the order passed in W.A.(MD) Nos.383 to 457 of 2015 dated 12.06.2015. 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
respondent 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, the learned Special Government Pleader who takes notice for the first respondent and the learned counsel who take notice for the respondents 2 and 3.
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.
07.10.2016 pri Index: Yes/ No Internet: Yes/ No To 1 The Government of Tamil Nadu Rep. by its Principal Secretary, Transport Department, Secretariat, Fort St. George, Chennai - 600 009.
2 The Managing Director Tamil Nadu State Transport Corporation (VPM) Ltd., 3/137 Salamedu, Valuthareddy Post, Villupuram - 605 602.
3 The Administrator Tamil Nadu State Transport Corporation Pension Fund Trust, Thiruvalluvar House, Pallavan Salai, Chennai - 600 002.
R.SUBBIAH,J.
pri W.P.Nos.35735 to 35748 of 2016 07.10.2016