S.Rajendran, v. Tamilnadu State Transport
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 25.10.2016
CORAM
THE HONOURABLE MR.JUSTICE R.SUBBIAH W.P.Nos.37265 to 37270 of 2016 S.Rajendran ... Petitioner in W.P.No.37265/2016 Vs.
1 Tamil Nadu State Transport Corporation (Villupuram) Ltd., rep., by its Managing Director, 3/37, Salamedu, Vazhuthareddy Post, Villupuram 605 602.
2 The General Manager, Tamil Nadu State Transport Corporation (Villupuram) Ltd., Cuddalore Region, Cuddalore.
3 The Administrator Tamil Nadu State Transport Corporations Employees Pension Fund Trust, Thiruvalluvar Illam, Pallavan Salai, Chennai - 600 002.
... Respondents in W.P.No.37265/2016 Prayer in W.P.No.37265 of 2016:
Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondents to pay the petitioner a sum of Rs.5,81,400/- towards gratuity; a sum of Rs.1,90,309/- towards earned leave salary for 170 days; a sum of Rs.5,487/- towards arrears of difference in D.A. for 12 months, a sum of Rs.41,376/- towards arrears of pension for 3 months, a sum of a
sum of Rs.2,55,148/- towards commutated value of pension, a sum of Rs.13,366/- towards arrears of wages payable to him as per the settlement dt. 13.4.2015 and to revised his monthly pension based on the correct and increased salary payable to him as per the settlement dt. 13.4.2015, as on the date of retirement and to pay the petitioner difference amounts and revised pension and to pay him the monthly pension payable to him under the Post Retirement Benefit Scheme from the date of his retirement, after adjusting the amounts already paid and to pay him all other terminal and service benefits, together with interest at the rate of 12% per annum for all the above benefits.
For Petitioners : Mr.R.Krishnaswamy 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, together with interest.
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, R.SUBBIAH,J.
pri 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 Tamil Nadu State Transport Corporation (Villupuram) Ltd., rep., by its Managing Director, 3/37, Salamedu, Vazhuthareddy Post, Villupuram 605 602.
2 The General Manager, Tamil Nadu State Transport Corporation (Villupuram) Ltd., Cuddalore Region, Cuddalore.
3 The Administrator Tamil Nadu State Transport Corporations Employees Pension Fund Trust, Thiruvalluvar Illam, Pallavan Salai, Chennai - 600 002.
W.P.Nos.37265 to
37270 of 2016