N.Shanmugam(Pr.No.7160), v. Tamil Nadu State Transport

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 07.11.2016

CORAM

THE HONOURABLE MR. JUSTICE R.SUBBIAH Writ Petition Nos.38546 to 38559 of 2016 N.Shanmugam ..Petitioner in W.P.No.38546/2016 V. Murugasamy ..Petitioner in W.P.No.38547/2016 K. Balasubramanian ..Petitioner in W.P.No.38548/2016 N. Ranganathan ..Petitioner in W.P.No.38549/2016 N. Nanjappan ..Petitioner in W.P.No.38550/2016 R. Rajagopal ..Petitioner in W.P.No.38551/2016 Antony Sebastian Fernandes ..Petitioner in W.P.No.38552/2016 S. Gopinathan ..Petitioner in W.P.No.38553/2016 A.S. Jayadurai ..Petitioner in W.P.No.38554/2016 R. Amaladoss ..Petitioner in W.P.No.38555/2016 A. Francisantony ..Petitioner in W.P.No.38556/2016 N. Mani ..Petitioner in W.P.No.38557/2016 S. Rajagopal ..Petitioner in W.P.No.38558/2016 P. Manickam ..Petitioner in W.P.No.38559/2016 vs.

Tamil Nadu State Transport Corporation Ltd., 37, Mettupalayam Road, Coimbatore-43, rep. by its Maaging Director.

..Respondent in WPs.38546 to 38556/16 The Managing Director, Tamil Nadu State Transport Corporation Ltd., 12, Ramakrishna Road, Salem.

..in WPs.38557 to 38559/16 Writ petitions filed under Article 226 of the Constitution of India, praying for a Writ of mandamus, W.P.No.38546 of 2016: Directing the respondent to pay the petitioner all his retirement benefits including Provident Fund, Gratuity, Leave Salary Amount and all other benefits with

W.P.NO.38547 of 2016: Directing the respondent to pay the petitioner all his retirement benefits including Gratuity Leave Salary Amount and all other benefits with interest at the rate of 18% per annum within the time frame that may be stipulated by this Honourable Court and to grant him the W.P.NO.38548 of 2016: Directing the respondent to pay the petitioner all his retirement benefits including Gratuity Leave Salary Amount and all other benefits with interest at the rate of 18% per annum within the time frame that may be stipulated by this Honourable Court and to grant him the interest at the rate of 18% per annum for the belated settlement of his eligible benefits from the date of retirement to till the date of settlement by the respondent within the time frame that may be stipulated by this Honourable Court W.P.NO.

38549 of 2016: Directing the respondent to pay the petitioner all his retirement benefits including Gratuity Leave Salary Amount and all other benefits with interest at the rate of 18% per annum within the time frame that may be stipulated by this Honourable Court and to grant him the interest at the rate of 18% per annum for the belated settlement of his eligible benefits from the date of retirement to till the date of settlement by the respondent within the time frame that may be stipulated by this Honourable Court.

W.P.NO.38550 of 2016: Directing the respondent to pay the petitioner all his retirement benefits including Gratuity and all other benefits with interest at the rate of 18% per annum within the time frame that may be stipulated by this Honourable Court and to grant him the interest at the rate of 18% per annum for the belated settlement of his eligible benefits from the date of retirement to till the date of settlement by the respondent within the time frame that may be stipulated by this Honourable Court.

W.P.NO.38551 of 2016: Directing the respondent to pay the petitioner all his retirement benefits including Provident Fund Gratuity Leave Salary Amount and all other benefits with W.P.NO.38552 of 2016: Directing the respondent to pay the petitioner all his retirement benefits including Provident Fund Gratuity Leave Salary Amount and all other benefits with W.P.NO.38553 of 2016: Directing the respondent to pay the petitioner all his retirement benefits including Provident Fund Gratuity Leave Salary Amount and all other benefits with W.P.NO.38554 of 2016: Directing the respondent to pay the petitioner all his retirement benefits including Provident Fund Gratuity Leave Salary Amount and all other benefits with W.P.NO.38555 of 2016: Directing the respondent to pay the petitioner all his retirement benefits including Gratuity Leave Salary Amount and all other benefits with interest at the rate of 18% per annum within the time frame that may be stipulated by this Honourable Court and to grant him the

W.P.NO.38556 of 2016: Directing the respondent to pay the petitioner all his retirement benefits including Provident Fund Gratuity Leave Salary Amount and all other benefits with may be stipulated by this Honourable Court W.P.NO.38557 of 2016: Directing the respondent to pay the petitioner all his retirement benefits including Leave Salary Amount and all other benefits with interest at the rate of 18% per annum within the time frame that may be stipulated by this Honourable Court and to grant him the interest at the rate of 18% per annum for the belated settlement of his eligible benefits from the date of retirement to till the date of settlement by the respondent within the time frame that may be stipulated by this Honourable Court W.P.NO.

38558 of 2016: Directing the respondent to pay the petitioner all his retirement benefits including Leave Salary Amount and all other benefits with interest at the rate of 18% per annum within the time frame that may be stipulated by this Honourable Court and to grant him the interest at the rate of 18% per annum for the belated settlement of his eligible benefits from the date of retirement to till the date of settlement by the respondent within the time frame that may be stipulated by this Honourable Court W.P.NO.

For Petitioner : Mr.A.Rajendiran in all the writ petitions For Respondent : 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 respondent, 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 respondent.

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 respondent is 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 TransportCorporation (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. With the above direction, all the writ petitions are disposed of. No costs.

Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar sbi

To 1 The Managing Director Tamil Nadu State Transport Corporation Ltd., 37, Mettupalayam Road, Coimbatore-43

2. The Managing Director, Tamil Nadu State Transport Corporation Ltd., 12, Ramakrishna Road, Salem.

+1cc to Mr.A. Rajendiran, Advocate, S.R.No.63203 +1cc to Mr.S. Sairaman, Advocate, S.R.No.64010 RV(CO) EU (09/12/2016) W.P.Nos.38546 to 38559 of 2016