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Madras High CourtWP/37228/2016disposed of

A.Perumal v. The Managing Director

2016-10-25Honourable Mr Justice R.Subbiah3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 25.10.2016

CORAM

THE HONOURABLE MR.JUSTICE R.SUBBIAH W.P.No.37228 of 2016 1 A.Perumal 2 A.Krishnakumar 3 A.Veluswamy 4 E.A.Somasundaram 5 N.Muthumanikam 6 V.Sanjivi 7 N.Sivaprakasham 8 R.Dharmarajan 9 P.Thagarajan 10 K.Ramaiah 11 M.Mariappan 12 P.John Peter 13 C.K.Balasubramanian 14 M.Pattan 15 T.Samuvel 16 P.George 17 R.Thirumalaiswami 18 R.Muthuswami 19 T.Thanagavelu 20 M.Kesavamoorthi 21 N.Swaminathan 22 V.Sagadevan 23 M.Palaniappan 24 K.Palaniswami 25 C.Thangeswaran 26 N.Ramaraj 27 R.Durairaj 28 P.Shanmugam 29 K.Bhathruswami 30 R.Thulasekaran 31 T.P.Shanmugasundaram 32 A.Manoharan 33 S.Ramaswamy 34 D.Kanagaraj 35 R.Maruthachalam 36 M.Sriharikrishnan 37 K.Arumugam 38 A.Lourde 39 S.V.Sakthivel 40 A.Mohamod Basheer

41 M.Velusamy 42 N.Dhanaraj 43 S.Nallasamy 44 M.Chinnaraj 45 M.Murugan 46 P.Angamuthu 47 M.Robert 48 R.Subramanian 49 M.Selvaraj 50 S.Anbazhagan 51 A.Thangavelu 52 M.Rajasekaran 53 S.P.Muthu ... Petitioners Vs.

The Managing Director Tamil Nadu State Transport Corporation (CBE) Ltd.

37, Mettupalayam Road, Coimbatore - 641 043.

... Respondent Prayer:

Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondent herein to pay the petitioners the retirement benefits with interest to them as per their representation made to him on 16.09.2016.

For Petitioners : Mr.S.Balasubramanian For Respondent : Mr.P.Kannan Kumar

O R D E R

By consent, the writ petition is taken up for final disposal.

2.The present writ petition has been filed seeking a Mandamus directing the respondent herein to pay the petitioners the retirement benefits with interest to them as per their representation made to him on 16.09.2016.

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 has 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 respondent.

5.The issue involved in the present writ petition 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 petition is disposed of. No costs.

Sd/- Assistant Registrar(CS II) //True Copy// Sub Assistant Registrar To The Managing Director Tamil Nadu State Transport Corporation (CBE) Ltd.

37, Mettupalayam Road, Coimbatore - 641 043.

+53 cc to Mr.S.Balasubramaniam, Advocate Sr.60603 +1cc to Mr.P.Kannankumar, Advocate Sr.61905 W.P.No.37228 of 2016 pvs[co] srg 23/11/2016