C.Subramanian, Staff No.Dr2086 v. The Managing Director
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 15.11.2016
CORAM
THE HONOURABLE MR. JUSTICE R.SUBBIAH Writ Petition Nos.39768 to 39773 of 2016 C.Subramanian ... Petitioner in WP.39768/16 D.Dhambaiyah ... Petitioner in WP.39769/16 G.Kumar ... Petitioner in WP.39770/16 M.Rajappan ... Petitioner in WP.39771/16 G.R.Raju ... Petitioner in WP.39772/16 S.Balasundaram ... Petitioner in WP.39773/16 vs.
(Villupuram) Limited Villupuram Region
...Respondents in WP.39768, 772/16
(Villupuram) Limited Villupuram Region 3 The Administrator ..Respondents in WP.39769,771/16
(Villupuram) Limited Kancheepuram Region Kancheepuram 3 The Administrator ..Respondents in WP.39770/16 (Villupuram) Limited Cuddalore Region Cuddalore ..Respondents in wP.39773/16 WP No.39768 of 2016 Directing the respondents to settle the petitioner retirement benefits including Gratuity, Leave Surrender (EL & ML) and RBS amount etc., with interest at the rate of not less than 18% per annum payable from the date of retirement and consequently directing the respondents to pay interest at the rate of 18% per annum for the belated settlement of retirement benefits to the petitioner payable from the date of retirement i.e., 30.06.2013 to till date of actual payment to the petitioner within the time that may be stipulated by this Honourable Court WP No.
39769 of 2016 Directing the respondents to settle the petitioner retirement benefits including Gratuity, Commutation, Pension arrears and RBS amount etc., with interest at the rate of not less than 18% per annum payable from the date of retirement and consequently directing the respondents to pay interest at the rate of 18% per annum for the belated settlement of retirement benefits to the petitioner payable from the date of retirement i.e., 31.08.
WP No.39770 of 2016 Directing the respondents to settle the petitioner retirement benefits including Gratuity, EL Surrender, RBS Arrears and IRT amount with interest at the rate of not less than 18% per annum payable from the date of retirement and consequently directing the respondents to pay interest at the rate of 18% per annum for the belated settlement of retirement benefits to the petitioner payable from the date of retirement i.e., 31.07.2016 to till date of actual payment to the petitioner within the time that may be stipulated by this Honourable Court WP No.39771 of 2016 Directing the respondents to settle the petitioner retirement benefits including Gratuity, Commutation, Leave Surrender (EL & ML), RBS amount and Previous EL Surrender etc.
, with interest at the rate of not less than 18% per annum payable from the date of retirement and consequently directing the respondents to pay interest at the rate of 18% per annum for the belated settlement of retirement benefits to the petitioner payable from the date of retirement i.e., 30.06.2016 to till date of actual payment to the petitioner within the time that may be stipulated by this Honourable Court WP No.39772 of 2016 Directing the respondents to settle the petitioner retirement benefits including Gratuity and RBS amount etc., with interest at the rate of not less than 18% per annum payable from the date of retirement and consequently directing the respondents to pay interest at the rate of 18% per annum for the belated settlement of retirement benefits to the petitioner payable from the date of retirement i.e., 30.11.
2012 to till date of actual payment to the petitioner within the time that may be stipulated by this Honourable Court WP No.39773 of 2016 Directing the respondents to settle the petitioner retirement benefits including Gratuity, EL Surrender, RBS amount arrears and IRT amount with interest at the rate of not less than 18% per annum payable from the date of retirement i.e., 31.07.2016 to till date of actual payment to the petitioner within the time that may be stipulated by this Honourable Court. For Petitioner : Mr.M.
Mr.S.Sairaman, 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/- Asst.Registrar (CS II ) /true copy/ Sub Asst. Registrar To
(Villupuram) Limited Villupuram Region 3 The General Manager (Villupuram) Limited Kancheepuram Region Kancheepuram 4 The General Manager (Villupuram) Limited Cuddalore Region, Cuddalore.
5 The Administrator +6 cc's to M/s.M.selvam,advocate,sr.65722 +1 cc to M/s.S.Sairaman, advocate,sr.66253.
mv(co) krd 22/11 W.P.Nos.39768 to 39773 of 2016