R.Rajendran, Staff No. Dr1088 v. The Managing Director
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 02.11.2016
CORAM
THE HONOURABLE MR. JUSTICE R.SUBBIAH Writ Petition Nos.37910 to 37915 of 2016 1.R.Rajendran
...Petitioner in WP.37910/2016
2.G.Shanmugam
...Petitioner in WP.37911/2016
3.R.Manokaran
...Petitioner in WP.37912/2016
4.R.Prabhakaran
...Petitioner in WP.37913/2016
5.R.Viswanathan
...Petitioner in WP.37914/2016
6.E.Anbazhagi
...Petitioner in WP.37915/2016
Vs 1 The Managing Director Tamil Nadu State Transport Corporation (Villupuram) Limited Vazhuthareddy Villupuram-605 602 2 The General Manager Tamil Nadu State Transport Corporation (Villupuram) Limited Cuddalore Region Cuddalore ...1st and 2nd Respondents in WP.NO.37910 to 37912, 37914 and 37915/2016 3 The Administrator Tamil Nadu State Transport Corporation Employees Post Retirement Welfare Fund Scheme Thiruvalluvar House Pallavan Salai Chennai-600 002 ...3rd Respondent in WP.NO.37910, 37912,37914 & 37915/2016
4. The Managing Director Metropolitan Transport Corporation Limited Pallavan Salai, Chennai-2
...Respondent in WP.37913/16
Writ petition No.37910 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, Commutation, Leave Surrender (EL), Pension arrears, RBS amount and Settlement arrears 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. 30.04.2014 to till date of actual payment to the petitioner within the time that may be stipulated by this Court.
WP.No.37911/2016:Directing the respondents to settle the petitioner retirement benefits including Gratuity Leave Surrender (EL) and RBS amount 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. 30.06.2013 to till date of actual payment to the petitioner within the time that may be stipulated by this Honourable Court WP.No.
37912/2016:Directing the respondents to settle the petitioner retirement benefits including Gratuity Commutation Leave Surrender (EL & ML) Pension arrears and RBS amount 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. 31.05.2014 to till date of actual payment to the petitioner within the time that may be stipulated by this Honourable Court WP.NO.
Directing the respondents to settle the petitioner retirement benefits including Leave Surrender (EL & ML) Special EL Surrender Employees Welfare Amount IRT Amount Increment arrears and RBS amount 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. 31.03.2016 to till date of actual payment to the petitioner within the time that may be stipulated by this Honourable Court
WP.No.37914/2016:
Directing the respondents to settle the petitioner retirement benefits including Gratuity Commutation Leave Surrender (EL & ML) RBS amount and IRT 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. 31.03.2013 to till date of actual payment to the petitioner within the time that may be stipulated by this Honourable Court WP.No.
37915/2016:Directing the respondents to settle the petitioner retirement benefits including Gratuity Commutation Leave Surrender (EL) IRT amount RBS amount and Employees Welfare Fund 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. 31.07.
Mr.M.Selvam, in all the writ petitions For Respondents :
Mr.S.Sairaman, 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 and the learned counsel, who has taken notice on behalf of the respondents.
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 1.2.2017.
6. With the above direction, all the writ petitions are disposed of. No costs.
-s/dAssistant Registrar(CSIII) True Copy Sub-Assistant Registrar To 1 The Managing Director Tamil Nadu State Transport Corporation (Villupuram) Limited Vazhuthareddy Villupuram-605 602 2 The General Manager Tamil Nadu State Transport Corporation (Villupuram) Limited Cuddalore Region Cuddalore 3 The Administrator Tamil Nadu State Transport Corporation Employees Post Retirement Welfare Fund Scheme Thiruvalluvar House Pallavan Salai Chennai-600 002
+6 ccs to Mr.M.Selvam Advocate sr 62208 +1 cc to Mr.S.Sairman Advocate sr 62594 W.P.Nos.37910 to 37915 of 2016 aa04/11/2016