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Madras High CourtWP/39018/2016disposed of

A.Rajendran, v. The Managing Director,

2016-11-09Honourable Mr Justice R.Subbiah4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 09.11.2016

CORAM

THE HONOURABLE MR. JUSTICE R.SUBBIAH Writ Petition Nos.39018 to 39023 of 2016 1.A.Rajendran ... Petitioner in WP.39018/16 2.K.Sekar ... Petitioner in WP.39019/16 3.S.Krishnan ... Petitioner in WP.39020/16 4.M.Elavazhagan ... Petitioner in WP.39021/16 5.G.Annamalai ... Petitioner in WP.38022/16 6.G.Vedi ... Petitioner in WP.39023/16 vs.

1 The Managing Director Tamil Nadu State Transport Corporation (Villupuram) Ltd. Vazhuthareddy Villupuram 605 602.

2 The General Manager Tamil Nadu State Transport Corporation (Villupuram) Ltd. Tiruvannamalai Region Tiruvannamalai.

..R1 & R2 in all WPs 3 The General Manager Tamil Nadu State Transport Corporation Villupuram Limited, Vellore Region, Vellore ...3rd Respondent in WP.No.39023/16 4 The Administrator Tamil Nadu State Transport Corporation Employees Post Retirement Welfare Fund Scheme Thiruvalluvar House Pallavan Salai Chennai 600 002.

..R3 in all WP.Nos.39018 to 39022/16 ...4th Respondent in WP.NO.39023/16

Writ petition filed Article 226 of the Constitution of India, praying for a Writ of mandamus directing the respondents to disburse the payments relating to Gratuity, Leave Encashment (Earned & Old Medical Leave), CRBS Pension, D.A. Arrears, Pension arrears, (2013) Settlement arrears , Last 11 days salary and all other attendant benefits by calculating D.A. eligible as per newly implemented scheme with interest at 12% per annum with effect from 01.02.2014 within stipulated time as may be fixed by this Honourable Court in WP.NO.39018/16 WP.NO.39019/16:Directing the Respondents to disburse the payments relating to Gratuity Pension Commutation IRT Amount CRBS Pension D.A. arrears Pension arrears and all other attendant benefits by calculating D.A. eligible as per newly implemented scheme with interest at 12% per annum with effect from 01.03.2016 within stipulated time as may be fixed by this Honourable Court.

WP.No.39020/16:Directing the Respondents to disburse the payments relating to Gratuity Leave Encashment (Earned & Old Medical Leave) Yearly Leave Surrender amount IRT Amount CRBS Pension D.A. arrears while in service D.A. arrears in Pension last 11 days salary and all other attendant benefits by calculating D.A. eligible as per newly implemented scheme with interest at 12% per annum with effect from 01.07.2015 within stipulated time as may be fixed by this Honourable Court. WP.NO.39021/2016:Directing the Respondents to disburse the payments relating to Gratuity Leave Encashment (Earned & Old Medical Leave) CRBS Pension D.A. arrears 5.5 Pension arrears (2013) Settlement arrears last 11 days salary and all other attendant benefits by calculating D.A. eligible as per newly implemented scheme with interest at 12% per annum with effect from 01.02.2015 within stipulated time as may be fixed by this Honourable Court.

WP.No.38022/2016:Directing the Respondents to disburse the payments relating to Gratuity Leave Encashment (Earned & Medical Leave) IRT Amount CRBS Pension D.A. arrears Pension arrears (2013) Settlement arrears last 10 days salary 15 days Yearly Leave Surrender amount and all other attendant benefits by calculating D.A. eligible as per newly implemented scheme with interest at 12% per annum with effect from 01.07.2015 within stipulated time as may be fixed by this Honourable Court.

WP.NO.39023/2016:Directing the Respondents to disburse the payments relating to Gratuity calculated from the date of appointment (i.e from 01.07.1985) Leave Encashment (Earned & Old Medical Leave) 45 days yearly Leave Surrender amount for the years (2014 2015 & 2016) Social Welfare amount IRT Amount

CRBS pension D.A arrears while in service D.A. arrears in pension caution deposit amount last 10 days salary and all other attendant benefits by calculating D.A. eligible as per newly implemented scheme with interest at 12% per annum with effect from 01.07.2016 within stipulated time as may be fixed by this Honourable Court.

For Petitioner :

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

Mr.P.Kannan Kumar 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.

-s/dAssistant Registrar True Copy Sub-Assistant Registrar sbi To 1 The Managing Director Tamil Nadu State Transport Corporation (Villupuram) Ltd. Vazhuthareddy Villupuram 605 602.

2 The General Manager Tamil Nadu State Transport Corporation (Villupuram) Ltd. Tiruvannamalai Region Tiruvannamalai.

3 The Administrator Tamil Nadu State Transport Corporation Employees Post Retirement Welfare Fund Scheme Thiruvalluvar House Pallavan Salai Chennai 600 002.

4 The General Manager Tamil Nadu State Transport Corporation Villupuram Limited, Vellore Region, Vellore +6 ccs to M/s.J.Pradeep Advocate sr 65169 W.P.Nos.39018 to 39023 of 2016 ppa(co) aa14/11/2016