A.G.Govindarajulu, v. The Government Of Tamil Nadu,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 04.11.2016
CORAM
THE HONOURABLE MR. JUSTICE R.SUBBIAH Writ Petition Nos.38359 to 38367 of 2016 A.G.Govindarajulu Staff No.FC5158 ... Petitioner in W.P.38359 of 2016 S.Thanganalli Staff No.FC5146 ... Petitioner in W.P.38360 of 2016 M.Kaveri Staff No.FC5139 ... Petitioner in W.P.38361 of 2016 R.Ramesh Staff No.FC5177 ... Petitioner in W.P.38362 of 2016 G.Kunjappan Staff No.FC5162 ... Petitioner in W.P.38363 of 2016 R.Venkattappan Staff No.FI0527 ... Petitioner in W.P.38364 of 2016 V.Markandan Staff No.FI0531 ... Petitioner in W.P.38365 of 2016 N.Muniappan Staff No.CR5429 ... Petitioner in W.P.38366 of 2016 K.Eraniyan Staff No.DR6000 ... Petitioner in W.P.38367 of 2016 Vs.
1. The Government of Tamil Nadu rep. by its Secretary, Transport Department, Secretariat, St. George Fort, Chennai-9.
2. The Managing Director, 12, Ramakrishna Road, Salem 636 007.
3. The General Manager, Dharmapuri Region, Bharathipuram, Dharmapuri-5.
4. The Administrator, Tamil Nadu State Transport Corporation, Employees Post Retirement Welfare Fund Scheme, Thiruvalluvar House, Pallavan Salai, Chennai-2.
Respondents in all WPs Writ Petitions filed under Article 226 of the Constitution of India, praying for a Writ of Mandamus, W.P.No.38359 of 2016 : Directing the respondents to settle the petitioner's retirement benefits including Gratuity, Leave Surrender (E.L.&M.L.), ERBS Pension Arrears, D.A. arrears, Grade Pay Arrears, Settlement Arrears and Salary Arrears etc. with interest at the rate of not less than 18% p.a. payable from the date of retirement and consequently directing the respondents to pay interest at the rate of 18% p.a. 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 a time stipulated by this Court. W.P.No.
38360 of 2016 : Directing the Respondents to settle the Arrears, Settlement Arrears, Salary arrears and IRT amount, etc. payable from the date of retirement i.e., 30.04.2014 to till W.P.No.38361 of 2016 : Directing the Respondents to settle the Arrears, Settlement Arrears, Salary arrears and IRT amount, 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. 30.04.
W.P.No.38362 of 2016 : Directing the Respondents to settle the Arrears, Settlement Arrears and Salary arrears etc., with interest at the rate of not less than 18% per annum payable from the date of retirement and consequently directing the payable from the date of retirement i.e., 31.10.2014 to till W.P.No.38363 of 2016 : Directing the Respondents to settle the Arrears, Settlement Arrears, Salary arrears and IRT amount etc., payable from the date of retirement i.e., 30.09.2012 to till W.P.No.38364 of 2016 : Directing the Respondents to settle the Arrears, Settlement Arrears, Salary arrears and IRT amount etc. payable from the date of retirement i.e., 30.04.2013 to till W.P.No.38365 of 2016 : Directing the Respondents to settle the Arrears, Settlement Arrears, Salary arrears and IRT amount etc. payable from the date of retirement i.e., 31.10.2012 to till
W.P.No.38366 of 2016 : Directing the Respondents to settle the Arrears, Settlement Arrears, Salary arrears and IRT amount etc., payable from the date of retirement i.e., 31.05.2015 to till W.P.No.38367 of 2016 : Directing the Respondents to settle the Arrears, Settlement Arrears, Salary arrears and IRT amount etc., payable from the date of retirement i.e., 31.05.2013 to till For Petitioner :
Mr.M.Selvam in all the Writ Petitions For 1st respondent : Mr.O.Selvam For Respondents :
Mr.R.K.Gandhi 2 to 4 in all the Writ Petitions COMMON ORDER By consent, the 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 01.02.2017.
6. With the above direction, all the writ petitions are disposed of. No costs.
Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar tsi To
1. The Secretary, Government of Tamil Nadu Transport Department, Secretariat, St. George Fort, Chennai-9.
2. The Managing Director, 12, Ramakrishna Road, Salem 636 007.
3. The General Manager, Dharmapuri Region, Bharathipuram, Dharmapuri-5.
4. The Administrator, Tamil Nadu State Transport Corporation, Employees Post Retirement Welfare Fund Scheme, Thiruvalluvar House, Pallavan Salai, Chennai-2.
+9cc's to Mr.R.K.Gandhi, Advocate, S.R.No.63987 +9cc's to Mr.M.Selvam, Advocate, S.R.No.63999 W.P.Nos.38359 to 38367 of 2016 SM(CO) CA(10/11/2016)