K.P.Subramaniam, v. The Managing Director,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 17.10.2016
CORAM
THE HONOURABLE MR. JUSTICE R.SUBBIAH Writ Petition Nos.36001 and 36002 of 2016 K.P.Subramaniam
...Petitioner in W.P.No.36001/2016
V.Chennakesavan
...Petitioner in W.P.No.36002/2016
vs.
1. The Managing Director, Tamil Nadu State Transport Corporation (Salem) Limited, Salem-636 007.
2. The General Manager, Tamil Nadu State Transport Corporation (Salem) Limited, Regional Office, Dharmapuri-636 705.
3. The Assistant Manager, Provident Fund & Pension, Tamil Nadu State Transport Corporation (Salem) Limited, Salem-636 007.
...Respondents in
both the writ petitions Writ Petition Nos.36001 and 36002 of 2016 have been filed under Article 226 of the Constitution of India, praying for a Writ of mandamus directing the respondents to disburse all the eligible retirement benefits due to the petitioners with 6% interest p.a. within a stipulated time fixed by this Court. For Petitioner :
Mr.J.Bharathiraja in both the writ petitions For Respondents :
Mr.P.Paramasivadoss in both the writ petitions.
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 01.01.2017.
6. With the above direction, both the writ petitions are disposed of. No costs.
Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar
tsi To
1. The Managing Director, Tamil Nadu State Transport Corporation (Salem) Limited, Salem-636 007.
2. The General Manager, Tamil Nadu State Transport Corporation (Salem) Limited, Regional Office, Dharmapuri-636 705.
3. The Assistant Manager, Provident Fund & Pension, Tamil Nadu State Transport Corporation (Salem) Limited, Salem-636 007.
+2CCs to Mr.J.Bharathi Raja, Advocate, SR 58352 & 58353 W.P.Nos.36001 & 36002 of 2016 SKV (CO) PSI 12/11/2016