Madras High CourtWP/38531/2016disposed of

B.Krishnamoorthy, v. The Managing Director,

2016-11-07Honourable Mr Justice R.Subbiah4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 07.11.2016

CORAM

THE HONOURABLE MR. JUSTICE R.SUBBIAH Writ Petition Nos.38531 to 38535 of 2016 B.Krishnamoorthy ..Petitioner in W.P.No.38531 of 2016 P. Rajamanickam ..Petitioner in W.P.No.38532 of 2016 V. Sriramudu ..Petitioner in W.P.No.38533 of 2016 B. Sardhar Khan ..Petitioner in W.P.No.38534 of 2016 V. Kalavathy ..Petitioner in W.P.No.38535 of 2016 Vs 1 The Managing Director Tamil Nadu State Transport Corporation (Salem) Ltd No.12 Ramakrishna Road Salem- 636 007.

2 The General Manager Tamil Nadu State Transport Corporation (Salem) Ltd Dharmapuri Region Dharmapuri- 636 705 3 The Administrator Tamil Nadu State Transport Corporation Employees Post Retirement Welfare Fund Scheme Thiruvalluvar House Pallavan Salai Chennai-600 002.

.. Respondents in all WPS Prayer in W.P.No.38531 of 2016: Writ Petition filed under Article 226 of The Constitution of India seeking for the issuance of a Writ of Mandamus directing the Respondents to disburse the payments relating to Provident fund Gratuity Pension Commutation Leave Encashment (Earned & Medical Leave) yearly Leave Surrender amount ERBS amount IRT amount D.A. arrears Labour Welfare Fund and all other attendant benefits by calculating D.A. eligible as per the fixation made by the Government of Tamil Nadu periodically along with the entitled difference of dearness allowances also with interest at 12% per annum with effect from 01.04.2016 within the stipulated time as may be fixed by this Court.

Prayer in W.P.No.38532 of 2016:Directing the Respondents to disburse the payments relating to Provident fund Gratuity Pension Commutation Leave Encashment (Earned & Medical Leave) yearly Leave Surrender amount ERBS amount IRT amount D.A.

arrears Labour Welfare Fund and all other attendant benefits by calculating D.A. eligible as per the fixation made by the Government of Tamilnadu Periodically along with the entitled difference of dearness allowances also with interest at 12% per annum with effect from 01.08.2015 within the stipulated time as may be fixed by this Honourable Court Prayer in W.P.No.38533 of 2016:Directing the Respondents to disburse the payments relating to Provident fund Gratuity Pension Commutation Leave Encashment (Earned & Medical Leave) yearly Leave Surrender amount ERBS amount IRT amount D.A. arrears Labour Welfare Fund and all other attendant benefits by calculating D.A.

eligible as per the fixation made by the Government of Tamilnadu Periodically along with the entitled difference of dearness allowances also with interest at 12% per annum with effect from 01.07.2016 within the stipulated time as may be fixed by this Honourable Court Prayer in W.P.No.38534 of 2016:Directing the Respondents to disburse the payments relating to Gratuity Leave Encashment (Earned & Old Medical Leave) yearly Leave Surrender amount While on duty ERBS amount IRT amount D.A. arrears Grade pay arrear amount from 01.09.2011 to 31.12.2013 Grade pay arrear amount as per 2010 wage settlement (2013) 5.5 settlement arrear 5.5 Pension arrear and all other attendant benefits by calculating D.A.

eligible as per the fixation made by the Government of Tamilnadu Periodically along with the entitled difference of dearness allowances also with interest at 12% per annum with effect from 01.01.2014 within the stipulated time as may be fixed by this Honourable Court Prayer in W.P.No.38535 of 2016:Directing the Respondents to disburse the payments relating to Provident fund Gratuity Pension Commutation Leave Encashment (Earned & Medical Leave) yearly Leave Surrender amount ERBS amount IRT amount D.A. arrears Labour Welfare Fund and all other attendant benefits by calculating D.A. eligible as per the fixation made by the Government of Tamilnadu Periodically along with the entitled difference of dearness allowances also with interest at 12% per annum with effect from 01.08.

Mr.J.Pradeep, in all the writ petitions For Respondents :

Mr.R.K.Gandhi 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.

Sd/- Asst.Registrar (CS III ) /true copy/ Sub Asst. Registrar sbi

To 1 The Managing Director Tamil Nadu State Transport Corporation (Salem) Ltd No.12 Ramakrishna Road Salem- 636 007.

5 ccs to Mr.J. Pradeep, Advocate, Sr. 64242 5 ccs to MR.R.K. Gandhi, Advocate Sr. 63986 W.P.Nos.38531 to 38535 of 2016 SV (CO) kk 25/11