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Madras High CourtWP/36722/2016disposed of

R.Sundaramoorthy v. Tamil Nadu State Transport

2016-10-20Honourable Mr Justice R.Subbiah3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 20.10.2016

CORAM

THE HONOURABLE MR.JUSTICE R.SUBBIAH W.P.Nos.36722 and 36723 of 2016 R.Sundaramoorthy, Staff No.11661 ... Petitioner in W.P.No.36722/2016 C.S.Sekar, Staff No.20467 ... Petitioner in W.P.No.36723/2016 Vs.

1 Tamilnadu State Transport Corporation (Villupuram) Limited, Rep. by: The Managing Director, 3/137, Salamedu, Veludha Reddy Post, Villupuram - 605 602.

2 Tamil Nadu State Transport Corporation (Villupuram) Limited, Rep. by The General Manager, Kancheepuram Region, Kancheepuram - 631 552.

... Respondents in both W.Ps.

Prayer in W.P.No.36722 of 2016:

Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the Respondents to settle the service gratuity payable to the petitioner with revised pension arrears and all other attendant retirement benefits with interest at the rate of not less than 12% per annum payable from the date of retirement within the time that may be stipulated by this Honourable Court by considering and passing orders on the representation of the petitioner dated 05.10.2016.

Prayer in W.P.No.36723 of 2016:

Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the Respondents to settle the service gratuity payable to the petitioner with revised pension arrears and all other attendant retirement benefits with interest at the rate of not less than 12% per annum payable from the date of retirement within the time that may be stipulated by this Honourable Court by considering and

passing orders on the representation of the petitioner dated 05.10.2016.

For Petitioners : Mr.N.Ishak For Respondents : Mr.P.Kannan Kumar 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, with interest at the rate of not less than 12% per annum payable from the date of retirement 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 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 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.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar To 1 Tamilnadu State Transport Corporation (Villupuram) Limited, Rep. by: The Managing Director, 3/137, Salamedu, Veludha Reddy Post, Villupuram - 605 602.

2 Tamil Nadu State Transport Corporation (Villupuram) Limited, Rep. by The General Manager, Kancheepuram Region, Kancheepuram - 631 552.

+2cc to Mr.N. Ishak, Advocate, S.R.No.59227 & 59228 (07/11/2016) +3cc to Mr. P. Kannan kumar, Advocate, S.R.No.60494 pvs(CO) md(3/11/2016) W.P.Nos.36722 and 36723 of 2016