K.Chellammal 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.37965 and 37966 of 2016 K.Chellammal ... Petitioner in W.P.No.37965/2016 R.Pazhaniamma ... Petitioner in W.P.No.37966/2016 vs.
1 The Managing Director (Villupuram) Limited Vazhuthareddy Villupuram-605 602 2 The General Manager (Villupuram) Limited Kancheepuram Region Kancheepuram ... Respondents in W.P.No.37965/2016 1 The Managing Director (Villupuram) Limted Vazhuthareddy Villupuram-605 602 2 The General Manager (Villupuram) Limited Cuddalore Region Cuddalore
... Respondents in W.P.No.37966/2016 Writ petition No.37965 of 2016 has been filed under Article 226 of the Constitution of India, praying for a Writ of mandamus Directing the respondents to disburse the payments relating to Gratuity, Pension Commutation, Family Pension , Leave Encashment (Earned & Old Medical Leave) , Social Welfare Fund, IRT amount, CRBS Pension , (2013) 5.5 Settlement arrears , 5.5 pension arrears, D.A. Arrears and all other attendant benefits by calculating D.A. eligible as per newly implemented scheme with interest at 12% per annum with effect from 01.07.2014 within stipulated time as may be fixed by this Court.
Writ petition No.37966 of 2016 has been filed under Article 226 of the Constitution of India, praying for a Writ of mandamus directing the respondents to disburse the payments relating to Provident Fund, Gratuity, Family Pension, Pension Commutation, Leave Encashment (Earned Leave & Old Medical Leave), IRT amount, Labour Welfare amount, 5.5 Settlement arrear, D.A. Arrears and all other attendant benefits by calculating D.A. eligible as per newly implemented scheme with interest at 12% per annum with effect from 07.03.2015 within stipulated time as may be fixed by this Court. For Petitioner : Mr.J.Pradeep, in both the writ petitions For Respondents : Mr.P.Kannan Kumar in both the writ petitions.
COMMON ORDER By consent, the main writ petitions themselves are taken up for final disposal.
2. It is the case of the petitioners that the husband of the petitioner in W.P.No.37965 of 2015 joined the service of the Transport Corporation as Driver and retired on 30.6.2014 and the husband of the petitioner in W.P.No.37966 of 2016 joined as Conductor in the respondent transport corporation and died on 1.9.1986 while in service. The grievance of the petitioners is that after the death of their husband, the respondent corporation has not disbursed the terminal benefits and other benefits to them. 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. In view of the same, the petitioners are directed to submit a copy of the representations dated 18.10.2016 and 26.8.2016 to the respondents along with a copy of this order seeking retirement benefits, within a period of two weeks from the date of receipt of a copy of this order and on receipt of the same, the respondents are directed to consider the same and pass / take appropriate orders / action to disburse the aforementioned retiral benefits to the petitioners herein, 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, within a period of four weeks thereafter.
6. With the above direction, both the present writ petitions are disposed of. No costs.
Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar sbi
To 1 The Managing Director (Villupuram) Limited Vazhuthareddy Villupuram-605 602 2 The General Manager (Villupuram) Limited Kancheepuram Region Kancheepuram 4 The General Manager (Villupuram) Limited Cuddalore Region Cuddalore +2cc to Mr.J. Pradeep, Advocate, S.R.No.63016 +2cc to Mr.P. Kannankumar, Advocate, S.R.No.63083 vgi (CO) md (18/11/2016) W.P.Nos.37965 to 37966 of 2016