T.Devaraj, Staff No.Ar0245 v. The Managing Director,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 19.10.2016
CORAM
THE HONOURABLE MR.JUSTICE R.SUBBIAH W.P.Nos.36612 & 36613 of 2016 T.Devaraj
...Petitioner in W.P.No.36612/2016
R.Ramanathan
...Petitioner in W.P.No.36613/2016
Vs.
1. The Managing Director of Tamil Nadu State Transport Corporation (Salem) Limited, No.12, Ramakrishnan road, Salem - 636 007
2. The General Manager, Tamil Nadu State Transport Corporation (Salem) Limited, Dharmapuri Region, Bharathipuram, Dharmapuri.
3. The Administrator, Tamil Nadu State Transport Corporation, Employees Post Retirement Welfare Fund Scheme, Thiruvalluvar House, Pallavan Salai, Chennai - 600 012.
... Respondents in both W.Ps.
Prayer in both W.Ps :
Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondents to settle the petitioner's retirement benefits including provident fund, gratuity, commutation, EL surrender, ML surrender and RBS arrears with interest at the rate of not less than 18% per annum payable from the date of retirement and
consequently directing the respondents to pay interest at the rate of 18% per annum for the belated settlement of retirement benefits to the petitioner payable from the date of retirement i.e., 31.03.2014 to till date of actual payment to the petitioner within the time that may be stipulated by this court. For Petitioner in both W.Ps : Mr.Durai Gunasekaran For Respondents in both W.Ps : Mr.P.Paramasivadoss C O M M O N O R D E R By consent, both 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, 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 takes 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 are 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.
Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar
To
1. The Managing Director of Tamil Nadu State Transport Corporation (Salem) Limited, No.12, Ramakrishnan road, Salem - 636 007
2. The General Manager, Tamil Nadu State Transport Corporation (Salem) Limited, Dharmapuri Region, Bharathipuram, Dharmapuri.
3. The Administrator, Tamil Nadu State Transport Corporation, Employees Post Retirement Welfare Fund Scheme, Thiruvalluvar House, Pallavan Salai, Chennai - 600 012.
+2cc to Mr.B. Durai. Gunasekaran, Advocate, S.R.No.59028 & 59027 SK(CO) md(3/11/2016) W.P.Nos.36612 & 36613 of 2016