S.Bakkiyanathan (Staff v. The Managing Director,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 25.10.2016

CORAM

THE HONOURABLE MR.JUSTICE R.SUBBIAH W.P.Nos.37255 to 37258 of 2016 S.Bakkiyanathan, (Staff No.CR.1302) ... Petitioner in W.P.No.37255/2016 D.Allirani, (Staff No.50410) ... Petitioner in W.P.No.37256/2016 P.Malathi ... Petitioner in W.P.No.37257/2016 G.Dhanalaksmi ... Petitioner in W.P.No.37258/2016 Vs.

1 The Managing Director, Tamil Nadu State Transport Corporation (Salem) Limited No.12, Ramakrishna Road, Salem - 7.

2 The Administrator Tamil Nadu State Transport Corporation Employees Post Retirement Welfare Fund Scheme, Thiruvallur House, Pallavan Salai, Chennai - 600 002.

... Respondents in W.Ps.37255 & 27257/2016 1 The Managing Director Metropolitan Transport Corporation (Chennai) Limited Pallavan Illam, Pallavan Salai, Chennai - 600 002.

2 The Managing Director Tamil Nadu State Transport Corporation (Salem) Limited No.12, Ramakrishna Road, Salem - 7.

3 The Financial Advisor Tamil Nadu State Transport Corporation (Salem) Limited No.12, Ramakrishna Road, Salem - 7.

... Respondents in W.P.37256/2016 1 The Managing Director, Tamil Nadu State Transport Corporation (Salem) Limited No.12, Ramakrishna Road, Salem - 7.

2 The General Manager, Tamil Nadu State Transport Corporation (Salem) Limited Dharmapuri Region, Dharmapuri.

3 The Administrator Tamil Nadu State Transport Corporation Employees Post Retirement Welfare Fund Scheme, Thiruvallur House, Pallavan Salai, Chennai - 600 002.

... Respondents in W.P.37258/2016 Prayer in W.P.No.37255 of 2016:

Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the Respondents to disburse the payments relating to Gratuity, Commutation, Leave Encashment (Earned Leave & Old Medical Leave), Leave Surrender for year of 2009-2011, Labour Welfare Fund, IRT Share Amount, D.A. Arrears and all other retirement Benefits by calculating D.A. eligible as per the fixation made by the Government of Tamil Nadu periodically along with the entitled difference of dearness allowances also, with interest at 12% per annum with effect from 01.03.2013 within the stipulated time as may be fixed by this Honourable court.

Prayer in W.P.No.37256 of 2016:

Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the Respondents to disburse the payments relating to Gratuity, Leave Encashment (Earned Leave & Old Medical Leave), Leave Surrender for year of 2009-2011, IRT Share Amount, D.A. Arrears and all other retirement Benefits by calculating D.A. eligible as per the fixation made by the Government of Tamil Nadu periodically along with the entitled difference of dearness allowances also, with interest at 12% per annum with effect from 01.07.2016 within the stipulated time as may be fixed by this Honourable Court.

Prayer in W.P.No.37257 of 2016:

Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the Respondents to disburse the payments relating to Leave Encashment (Earned Leave & Old Medical Leave), Leave Surrender for year of 2009-2011, D.A. Arrears and all other retirement Benefits by calculating D.A. eligible as per the fixation made by the Government of Tamil Nadu periodically along with the entitled difference of dearness allowances also, with interest at 12% per annum with effect from 01.02.2011 within the stipulated time as may be fixed by this Honourable court. Prayer in W.P.No.37258 of 2016:

Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the Respondents to disburse the payments relating to Provident Fund, Gratuity, Commutation, Leave Encashment (Earned Leave & Old Medical Leave), Leave Surrender for year of 2009-2011, Labour Welfare Fund, IRT Share Amount, D.A.

Arrears and all other retirement Benefits by calculating D.A. eligible as per the fixation made by the Government of Tamil Nadu periodically along with the entitled difference of dearness allowances also, with interest at 12% per annum with effect from 01.10.2015 within the stipulated time as may be fixed by this Honourable court. For Petitioners : Mr.G.Sakthivel For Respondents : Mr.P.Paramasivadoss 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 along with interest.

3. The petitioners are the retired employees and legal heir of 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.

25.10.2016 pri Index: Yes/ No Internet: Yes/ No To 1 The Managing Director, Tamil Nadu State Transport Corporation (Salem) Limited No.12, Ramakrishna Road, Salem - 7.

2 The Managing Director Metropolitan Transport Corporation (Chennai) Limited Pallavan Illam, Pallavan Salai, Chennai - 600 002.

3 The Financial Advisor Tamil Nadu State Transport Corporation (Salem) Limited No.12, Ramakrishna Road, Salem - 7.

4 The General Manager, Tamil Nadu State Transport Corporation (Salem) Limited Dharmapuri Region, Dharmapuri.

5 The Administrator Tamil Nadu State Transport Corporation Employees Post Retirement Welfare Fund Scheme, Thiruvallur House, Pallavan Salai, Chennai - 600 002.

R.SUBBIAH,J.

pri W.P.Nos.37255 to 37258 of 2016 25.10.2016