Madras High CourtWP/39366/2016disposed of

B.Moosa, S/O.Bapputty, v. The State Of Tamil Nadu

2016-11-10Honourable Mr Justice R.Subbiah3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 10.11.2016

CORAM

THE HONOURABLE MR.JUSTICE R.SUBBIAH W.P.Nos.39366 to 39368 of 2016 B.Moosa ... Petitioner in W.P.No.39366/2016 S.Panner Selvam ... Petitioner in W.P.No.39367/2016 M.Sivadoss ... Petitioner in W.P.No.39368/2016 Vs.

1 The State of Tamil Nadu Rep. by its Principal Secretary, Transport Department, Fort St. George, Chennai - 600 009.

2 The Managing Director State Express Transport Corporation (TN) Ltd., Chennai - 600 002.

... Respondents in all the W.Ps.

Prayer in W.P.No.39366 of 2016:

Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the second respondent to settle all eligible retirement benefits of the petitioner as sought for in his representation dated 06.10.2016 including interest thereto on such belated payment within a time to be stipulated by this Honourable Court.

Prayer in W.P.No.39367 of 2016:

Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the second respondent to settle all eligible retirement benefits of the petitioner as sought for in his representation dated 30.09.2016 including interest thereto on such belated payment within a time to be stipulated by this Honourable Court.

Prayer in W.P.No.39368 of 2016:

to be stipulated by this Honourable Court.

For Petitioners : Mr.L.Chandrakumar For Respondents : Mr.K.Dhananjayan for R1 Special Government Pleader Mr.P.Kannan Kumar for R2 C O M M O N O R D E R By consent, the writ petitions are taken up for final disposal. Since the issue involved in all these petitions are related to each other, they are disposed of by a common order. 2.The writ petitions have been filed seeking Mandamus directing the respondents to settle the retirement benefits, due to the petitioners, together with interest, within a time to be stipulated by this Court.

3.The petitioners are the employees of the respondent Corporation and they were not paid the retirement benefits due to them, fully. Hence, the petitioners made representation to the respondent requesting to pay all the retirement benefits. But, the same have not been considered so far. Hence, left with no other alternative, the petitioners have come up with the present writ petitions for the relief set out earlier. 4.I have heard the learned counsel appearing for the petitioners, learned Special Government Pleader who takes notice for the first respondent and the learned counsel who takes notice for the second respondent.

5.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).

6.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.

7.With the above direction, the present writ petitions are disposed of. No costs.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar To 1 The Principal Secretary, The State of Tamil Nadu Transport Department, Fort St. George, Chennai - 600 009.

2 The Managing Director State Express Transport Corporation (TN) Ltd., Chennai - 600 002.

+3cc to Mr.L. Chandrakumar, Advocate, S.R.No.64904 +1cc to the Government Pleader, S.R.No.64938 kji(CO) md(08/12/2016) W.P.Nos.39366 to 39368 of 2016