R.Arivanantham v. The General Manager

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.11.2016

CORAM

THE HONOURABLE MR. JUSTICE R.SUBBIAH Writ Petition Nos.38863 to 38865 of 2016 R.Arivanantham ... Petitioner in W.P.No.38863/2016 R.Sowkkadh Ali ... Petitioner in W.P.No.38864/2016 P.Chithrangathan ... Petitioner in W.P.No.38865/2016 vs.

The General Manager, Tamil Nadu State Transport Corporation Limited (Coimbatore), Erode Regional Office, Chennimalai Road, Erode.

Respondents in all the writ petitions Writ Petition No.38863 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 surrender Leave Salary i.e. Earned Leave balance as on 31.10.2013 and other monetary benefits with interest at 12% per annum w.e.f. 01.11.2013 within a stipulated time fixed by this Court. Writ Petition No.38864 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 surrender Leave Salary i.e. Earned Leave balance as on 31.03.2014 and other monetary benefits with interest at 12% per annum w.e.f. 01.04.2014 within a stipulated time fixed by this Court. Writ Petition No.

38865 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 surrender Leave Salary i.e. Earned Leave balance as on 30.04.2014 and other monetary benefits with interest at 12% per annum w.e.f. 01.05.2014 within a stipulated time fixed by this Court.

Mr.I.C.Vasudevan For Respondent :

Mr.P.Kannan Kumar

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 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 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(CCC) //True Copy// Sub Assistant Registrar tsi

To The General Manager, Tamil Nadu State Transport Corporation Limited (Coimbatore), Erode Regional Office, Chennimalai Road, Erode.

+3ccs to M/s. I.C. Vasudevan, Advocate, S.R.No.65112, 65114, 65113 RK(CO) EU(02/12/2016) W.P.Nos.38863 to 38865/2016