A.Pandiyan, v. The Managing Director,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 24.10.2016
CORAM
THE HONOURABLE MR. JUSTICE R.SUBBIAH Writ Petition Nos.37031 to 37035 of 2016 A.Pandiyan .. Petitioner in W.P.No.37031 of 2016 A. Moorthy .. Petitioner in W.P.No.37032 of 2016 K. Jayaramaraju .. Petitioner in W.P.No.37033 of 2016 S. venkatesan .. Petitioner in W.P.No.37034 of 2016 N.D. Boopathy .. Petitioner in W.P.No.37035 of 2016 vs.
1 The Managing Director Tamil Nadu State Transport Corporation (Villupuram) Ltd. Vazhuthareddy Villupuram 605 602.
...R1 in W.P.No.37031 to 37035/16 2 The General Manager Tamil Nadu State Transport Corporation (Villupuram) Ltd. Kancheepuram Region Kancheepuram.
...R2 in W.P.No.37031 to 37033/16 and 37035/16 3 The Administrator Tamil Nadu State Transport Corporation Employees Post Retirement Welfare Fund Scheme Thiruvalluvar House Pallavan Salai Chennai 600 002.
... R3 in W.P.No.37031 to 37033,/16 and W.P.No.37035/16 The General Manager Tamilnadu State Transport Corporation (Villupuram) Ltd., Vellore Region, Vellore ...R2 in W.P.No.37034/16 These Writ petitions No.37031 to 37035 of 2016 has been filed under Article 226 of the Constitution of India, praying for a Writ of mandamus directing the Respondents to disburse the payments relating to Gratuity Pension Commutation Labour Welfare Fund IRT Share Amount Settlement Effect & Arrears D.A. Arrears and all other Benefits by calculating D.A. Eligible as per the fixation made by the Government of Tamilnadu periodically along with the entitled difference of dearness
allowances also with interest at 12% per annum with effect from 01.08.2016 within the stipulated time as may be fixed by this Court.
Directing the Respondents to disburse the payments relating to Gratuity Pension Commutation Earned Leave Surrender Labour Welfare Fund IRT Share Amount Settlement Effect & Arrears D.A. Arrears and all other Benefits by calculating D.A. Eligible as per the fixation made by the Government of Tamilnadu periodically along with the entitled difference of dearness allowances also with interest at 12% per annum with effect from 01.08.2016(w.P.No.37032 of 2016) Directing the Respondents to disburse the payments relating to Gratuity Pension Commutation Leave Surrender (Earned Leave & Old Medical Leave) 12th Settlement Effect & Arrears D.A. Arrears and all other Benefits by calculating D.A.
Eligible as per the fixation made by the Government of Tamilnadu periodically along with the entitled difference of dearness allowances also with interest at 12% per annum with effect from 01.07.2014 w.P.No.37033 of 2016) Directing the Respondents to disburse the payments relating to Gratuity D.A. Arrears and all other Benefits by calculating D.A. Eligible as per the fixation made by the Government of Tamilnadu periodically along with the entitled difference of dearness allowances also with interest at 12% per annum with effect from 01.03.2013. w.P.No.37034 of 2016) Directing the Respondents to disburse the payments relating to Gratuity Leave Surrender (Earned Leave & Old Medical Leave) D.A. Arrears and all other Benefits by calculating D.A.
Eligible as per the fixation made by the Government of Tamilnadu periodically along with the entitled difference of dearness allowances also with interest at 12% per annum with effect from 01.07.2013 respectively within the stipulated time as may be fixed by this Honourable Court. W.P.No.
Mr.G.Sakthivel, in all the writ petitions For Respondents :
Mr.P.Kannan Kumar, in all 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 1.1.2017.
6. With the above direction, all the writ petitions are disposed of. No costs.
Sd/- Asst.Registrar (CS IV ) /true copy/ Sub Asst. Registrar sbi
To 1 The Managing Director Tamil Nadu State Transport Corporation (Villupuram) Ltd. Vazhuthareddy Villupuram 605 602.
2 The General Manager Tamil Nadu State Transport Corporation (Villupuram) Ltd. Kancheepuram Region Kancheepuram.
3 The Administrator Tamil Nadu State Transport Corporation Employees Post Retirement Welfare Fund Scheme Thiruvalluvar House Pallavan Salai Chennai 600 002.
4. The General Manager Tamilnadu State Transport Corporation (Villupuram) Ltd., Vellore Region, Vellore 2 ccs to Mr.P. Kannankumar, Advocate, Sr. 61530 5 ccs to Mr.G. Sakthivel, Advocate, sr. 60460 W.P.Nos.37031 to 37035 of 2016 RJ (CO) kk 21/11