Madras High CourtWP/37545/2016disposed of

M.Murugesan, Staff No.Tr1128 v. The Government Of Tamilnadu,

2016-10-26Honourable Mr Justice R.Subbiah4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 26.10.2016

CORAM

THE HONOURABLE MR. JUSTICE R.SUBBIAH Writ Petition Nos.37545 to 37554 of 2016 M.Murugesan ... Petitioner in WP.37545/16 K.Krishnamoorthy ... Petitioner in WP.37546/16 R.Theerthamalai ... Petitioner in WP.37547/16 G.Sundararajan ... Petitioner in WP.37548/16 R.Rajendran ... Petitioner in WP.37549/16 E.Kadarsheriff ... Petitioner in WP.37550/16 C.Govindan ... Petitioner in WP.37551/16 M.Vajjiravelu ... Petitioner in WP.37552/16 C.Selvaraju ... Petitioner in WP.37553/16 C.Madhalingam ... Petitioner in WP.37554/16 vs.

1 The Government of Tamilnadu Rep by the Secretary Transport Department Secretariat St. George Fort Chennai-600 009.

2 The Managing Director (Salem) Ltd No.12 Ramakrishnan Road Salem-636 007 3 The General Manager (Salem) Ltd Dharmapuri Region Bharathipuram Dharmapuri- 636 705.

... Respondents in WP.No.37545,37547 37548,37549,37551, 37552/16

4. The Administrator Employees Post Retirement Welfare Fund Scheme Thiruvallur House, Pallavan Salai, Chennai-600 002 ...4th Respondent in WP.37546,37548 37550,37553,37554 Writ petition No.37545 of 2016 has been filed under Article 226 of the Constitution of India, praying for a Writ of mandamus Directing the respondents to settle the Petitioner's retirement benefits including Gratuity Leave Surrender (EL & ML) IRT amount ERBS pension arrears DA arrears and Settlement arrears etc. with interest at the rate of not less than 18% per annum payable from the date of retirement and consequently directing the respondents to pay interest at the rate of 18% per annum for the belated settlement of retirement benefits to the petitioner payable from the date of retirement i.e. 31.03.2015 31.05.2014 in WP.No.37546/16,30.04.2016 in WP.No.37547/16, 30.

06.2016 in WP.No.37548, 37549/16, 37551/16, 31.07.2015 in WP.No.37550/16, 31.08.2012 in WP.No.37552/16, 29.02.2016 in WP.No.37553/16, 30.04.2015 in WP.No.37554/16 to till date of actual payment to the petitioner within the time that may be stipulated by this Court.

For Petitioner : Mr.M.Selvam, in all the writ petitions For Respondents : Mr.R.Venkatesh, GA, for R.1 Mr.P.Paramasivadoss, for R.2 and R.3 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, learned Government Advocate, who has taken notice on behalf of the first respondent and the learned counsel, who has taken notice on behalf of the respondents 2 and 3.

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.

-s/dAssistant Registrar True Copy Sub-Assistant Registrar sbi To 1 The Secretary Government of Tamilnadu Transport Department Secretariat St. George Fort Chennai-600 009. 2 The Managing Director (Salem) Ltd No.12 Ramakrishnan Road Salem-636 007

3 The General Manager (Salem) Ltd Dharmapuri Region Bharathipuram Dharmapuri- 636 705.

4. The Administrator Employees Post Retirement Welfare Fund Scheme Thiruvallur House, Pallavan Salai, Chennai-600 002 +1 cc to the Government Pleader High Court Madras sr 61919 +10 ccs to M/s.M.Selvam Advocate sr 61374 W.P.Nos.37545 to 37554 of 2016 ppa(co) aa02/11/2016