Madras High CourtWP/37297/2016disposed of

T.Ravikumar v. The Managing Director

2016-10-25Honourable Mr Justice R.Subbiah4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 25.10.2016

CORAM

THE HONOURABLE MR.JUSTICE R.SUBBIAH W.P.Nos.37297 to 37300 of 2016 T.Ravikumar ... Petitioner in W.P.No.37297/2016 V.Selvam ... Petitioner in W.P.No.37298/2016 S.Srinivasan ... Petitioner in W.P.No.37299/2016 M.Mani ... Petitioner in W.P.No.37300/2016 Vs.

The Managing Director, Tamil Nadu State Transport Corporation (Salem) Limited No.12, Ramakrishna Salai, Salem - 636 007.

... Respondent in all the W.Ps.

Prayer in W.P.No.37297 of 2016:

Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the Respondent to pay the retirement benefits such as Provident Fund, Gratuity, Earned Leave Salary, Commutation, IRT, Labour Fund and other benefits payable to the petitioner, with interest at the rate of 18% from 01.09.2016 (i.e.) the date of retirement.

Prayer in W.P.No.37298 of 2016:

Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the Respondent to pay the retirement benefits such as Provident Fund, Gratuity, Earned Leave

Salary, Commutation, IRT, Labour Fund and other benefits payable to the petitioner, with interest at the rate of 18% from 01.08.2016 (i.e.) the date of retirement.

Prayer in W.P.No.37299 of 2016:

Prayer in W.P.No.37300 of 2016:

Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the Respondent to pay the retirement benefits such as Gratuity, ERBS and other benefits payable to the petitioner, with interest at the rate of 18% from 01.07.2013 (i.e.) the date of retirement.

For Petitioners : Mr.T.Jeevanantham For Respondent : 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, from the date of retirement.

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 takes notice for the respondent. 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).

R.SUBBIAH,J.

pri 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 The Managing Director, Tamil Nadu State Transport Corporation (Salem) Limited No.12, Ramakrishna Salai, Salem - 636 007.

W.P.Nos.37297 to 37300 of 2016