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Madras High CourtWP/38976/2016disposed of

P.Subramaniam v. The Managing Director,

2016-11-09Honourable Mr Justice R.Subbiah6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 09.11.2016

CORAM

THE HONOURABLE MR. JUSTICE R.SUBBIAH Writ Petition Nos.38976 to 38992 of 2016 P.Subramaniam ..Petitioner in W.P.No.38976/2016 S. Thangamani ..Petitioner in W.P.No.38977/2016 S. Deivasigamani ..Petitioner in W.P.No.38978/2016 C. Ponmudi ..Petitioner in W.P.No.38979/2016 V. Panneerselvam ..Petitioner in W.P.No.38980/2016 S.M. Ramasamy ..Petitioner in W.P.No.38981/2016 M. Ramesh Babu ..Petitioner in W.P.No.38982/2016 S. Sengottuvel ..Petitioner in W.P.No.38983/2016 K. Kandasamy ..Petitioner in W.P.No.38984/2016 M. Yuvaraju ..Petitioner in W.P.No.38985/2016 V. Dhanapal ..Petitioner in W.P.No.38986/2016 A.N.Radhakrishnan ..Petitioner in W.P.No.38987/2016 K. Kesavan ..Petitioner in W.P.No.38988/2016 V. Boobathy ..Petitioner in W.P.No.38989/2016 A. Krishnamoorthy ..Petitioner in W.P.No.38990/2016 D. Munirathinam ..Petitioner in W.P.No.38991/2016 S. Rajasekaran ..Petitioner in W.P.No.38992/2016 vs.

1 The Managing Director Tamil Nadu State Transport Corporation (Salem) Ltd Salem Division No.12 Ramakrishna Road Post Box No.713 Salem-636 007.

2 The General Manager Tamil Nadu State Transport Corporation (Salem) Ltd Salem Division No.12 Ramakrishna Road Post Box No.713 Salem-636 007.

3 The Administrator Tamil Nadu State Transport Corporation Employees Pension Fund Trust Thiruvalluvar House Pallavan Salai, Chennai-2.

..Respondents in all the writ petitions in WP.38976/2016

These Writ petitions filed under Article 226 of the Constitution of India to issue a writ or order or direction or in the nature of Writ of mandamus, W.P.No.38976 of 2016:

Directing the respondents to settle the a) Payment of Gratuity b) Earned Leave c) Medical Leave and Old Medical Leave d) Payment of Commuted Value of Pension e) Provident Fund f) Institute of Road and Transport Technology W.P No.38977 of 2016: Directing the respondents to settle the a) W.P No.38978 of 2016: Directing the respondents to settle the a) Provident Fund f) Institute of Road and Transport Technology W.P No.38979 of 2016: Directing the respondents to settle the a) Provident Fund f) Institute of Road and Transport Technology W.P No.38980 of 2016: Directing the respondents to settle the a) Provident Fund f) Institute of Road and Transport Technology

W.P.38981 of 2016: Directing the respondents to settle the a) Payment of Gratuity b) Payment of Commuted Value of Pension c) Provident Fund d) Institute of Road and Transport Technology (IRTT) Fund e) Employees Retirement Benefit Scheme (ERBS) and W.P.38982 of 2016: Directing the respondents to settle the a) Payment of Gratuity b) Earned Leave c) Medical Leave and Old W.P.38983 of 2016: Directing the respondents to settle the a) W.P.38984 of 2016: Directing the respondents to settle the a) Payment of Gratuity b) Earned Leave c) Payment of Commuted Value of Pension d) Provident Fund e) Institute of Road and W.P.38985 of 2016: Directing the respondents to settle the a) Payment of Gratuity b) Earned Leave c) Medical Leave and Old Institute of Road and Transport Technology (IRTT) Fund f)

W.P.38986 of 2016: Directing the respondents to settle the a) Payment of Gratuity b) Earned Leave c) Medical Leave and Old Provident Fund f) Institute of Road and Transport Technology W.P.38987 of 2016: Directing the respondents to settle the a) Provident Fund f) Institute of Road and Transport Technology W.P.38988 of 2016: Directing the respondents to settle the a) W.P.38989 of 2016: Directing the respondents to settle the a) Institute of Road and Transport Technology (IRTT) Fund f) W.P.38990 of 2016: Directing the respondents to settle the a) Payment of Gratuity b) Earned Leave c) Medical Leave and Old Provident Fund f) Institute of Road and Transport Technology

W.P.38991 of 2016: Directing the respondents to settle the a) Payment of Gratuity b) Earned Leave c)Payment of Commuted Value of Pension d) Provident Fund e) Institute of Road and W.P.38992 of 2016: Directing the respondents to settle the a) For Petitioner : Mr.N.Sudhagar Nagaraj, 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/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar sbi To 1 The Managing Director Tamil Nadu State Transport Corporation (Salem) Ltd Salem Division No.12 Ramakrishna Road Post Box No.713 Salem-636 007.

2 The General Manager Tamil Nadu State Transport Corporation (Salem) Ltd Salem Division No.12 Ramakrishna Road Post Box No.713 Salem-636 007.

3 The Administrator Tamil Nadu State Transport Corporation Employees Pension Fund Trust Thiruvalluvar House Pallavan Salai Chennai-2.

+ 17 ccs to Mr.N. Suthagar Nagaraj, Advocate SR.64014 W.P.Nos.38976 to 38992 of 2016 NR1(CO) EU 21.12.16