K.Velu, Staff No.Cr1044, v. The Managing Director,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.11.2016

CORAM

THE HONOURABLE MR. JUSTICE R.SUBBIAH Writ Petition Nos.38891 and 38892 of 2016 K.Velu ... Petitioner in W.P.No.38891/2016 S.Mohan ... Petitioner in W.P.No.38892/2016 vs.

1. The Managing Director, Tamil Nadu State Transport Corporation (Salem) Ltd, 12, Ramakrishna Salai, 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-2.

.. Respondents in both the writ petitions Writ Petition No.38891 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, Pension Commutation, Gratuity, Leave Encashment (Earned & Medical Leave), Surrender Leave Amount while in service, Co-operative Thrift Amount, IRT Amount, Labour Welfare Fund, ERBS Amount, D.A. Arrears 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 Allowance also, with interest at 12% p.a. w.e.f. 01.05.2016 within the stipulated time as may be fixed by this Court.

Writ Petition No.38892 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, Hills Allowance, Co-operative Thrift

Amount, 6% increment arrears, ERBS Amount, Pension Arrears, D.A. Arrears, last 6 days 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 Allowance also, with interest at 12% p.a. w.e.f. 01.07.2012 within the stipulated time as may be fixed by this Court.

For Petitioner :

Mr.J.Pradeep For Respondents :

Mr.R.K.Gandhi 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 01.02.2017.

6. With the above direction, both the writ petitions are disposed of. No costs.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar tsi To

1. The Managing Director, Tamil Nadu State Transport Corporation (Salem) Ltd, 12, Ramakrishna Salai, 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-2.

+2cc to Mr.R.K. Gandhi, Advocate, S.R.No.63988 & 63989 +2cc to Mr.J. Pradeep, Advocate, S.R.No.64774(22/11/2016) br(CO) md(21/11/2016) W.P.Nos.38891 & 38892/2016