T.Madhavan, S/O.K.Thangavelu, v. The Managing Director
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 01.11.2016
CORAM
THE HONOURABLE MR.JUSTICE R.SUBBIAH W.P.Nos.37831 and 37832 of 2016 T.Madhavan ... Petitioner in W.P.No.37831/2016 A.Ramachandran ... Petitioner in W.P.No.37832/2016 Vs.
The Managing Director, Tamil Nadu Transport Corporation Ltd., 12, Ramakrishna Salai, Salem - 636 007.
... Respondent in both the W.Ps.
Prayer in W.P.No.37831 of 2016:
Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the Respondent to consider the petitioner's representation dated 07.10.2016 seeking Retired monetary benefits, Gratuity, Employee Provident Fund, Welfare Fund, 12(3) Settlement Arrears, Basic Pay, Earnest Leave Arrears of salary amount and Dearness Allowance, Service benefits, Pension, Bonus, Society Fund, Security Fund, surrendered Medical Leave accrued in his credit so far in his credit in accordance with law within time fixed by this Honourable Court.
Prayer in W.P.No.37832 of 2016:
Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the Respondent to consider the petitioner's representation dated 22.10.2016 seeking Retired monetary benefits, Gratuity, Employee Provident Fund, Welfare Fund, 12(3) Settlement Arrears, Basic Pay, Earnest Leave Arrears of salary amount and Dearness Allowance, Service benefits, Pension, Bonus, Society Fund, Security Fund, surrendered Medical Leave accrued in his credit so far in his credit in accordance with law within time fixed by this Honourable Court.
For Petitioners : Mr.A.Ganesan For Respondent : Mr.O.R.Mahesvaren Additional Government Pleader (Edn.) 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, in accordance with law, within time fixed by this Court.
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).
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 01.02.2017.
7.With the above direction, the present writ petitions are disposed of. No costs.
Sd/- Asst.Registrar (CS V ) /true copy/ Sub Asst. Registrar
To The Managing Director, Tamil Nadu Transport Corporation Ltd., 12, Ramakrishna Salai, Salem - 636 007.
+2 cc's to Mr.A.Ganesan,advocate,sr.62040, 41 rj(co) krd 25/11 W.P.Nos.37831 and 37832 of 2016