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Madras High CourtWP/39829/2016disposed of

P.Murugaiyan v. M/S.State Express Transport

2016-11-15Honourable Mr Justice R.Subbiah4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 15.11.2016

CORAM

THE HONOURABLE MR. JUSTICE R.SUBBIAH Writ Petition Nos.39829 to 39835 of 2016 P.Murugaiyan ... Petitioner in WP.No.39829/16 R.Veeraraghavan ... Petitioner inWP.No.39830/16 K.R.Balasubramanian ... Petitioner in WP.No.39831/16 S.Shankar ... Petitioner in WP.No.39832/16 K.Rajendran ... Petitioner in WP.No.39833/16 U.Veerapandian ... Petitioner in WP.No.39834/16 R.Tamilvanan ... Petitioner in WP.No.39835/16 Vs.

1 M/s.State Express Transport Corporation Ltd. rep. by its Managing Director No.2, Pallavan Salai, Chennai-2 ... Respondents in all WPs Prayer in W.P.No.39829 of 2016:

Writ petition has been filed under Article 226 of the Constitution of India, praying for a Writ of mandamus, directing the respondent to settle the terminal benefits of the petitioner of Provident Fund Amount of Rs.3,54,709/-, Surrender of Earned leave 142.5 days of amount of Rs.1,03,250/-, social security scheme amount of Rs.30,000/- and Erode Engineering and Medical College refund amount of Rs.4,500/- altogether a sum of Rs.5,69,709/- with interest at the rate of 6% per annum taking into consideration of the representation of the petitioner dated 17.10.2016. Prayer in WP.NO.39830/2016:directing the respondent to settle the petitioner terminal benefits of Provident Fund Amount of Rs.5 54 567/- Surrender of earned leave 18.5 days of amount of Rs.20 558/- social security scheme amount of Rs.

30 000/- and Erode Engineering College and Perundurai Medical College refund amount of Rs.4500/- altogether a sum of Rs.6 09 625/- with interest at the rate of 6% per annum taking into consideration of the representation of the petitioner dated 17.10.2016 WP.NO.39831/2016:directing the respondent to settle the terminal benefits of the petitioner of Provident Fund Amount of Rs.3 09 733/- Surrender of earned leave 70 days and medical leave 18.5 days of amount of Rs.1 03 250/- social security scheme amount of Rs.

amount of Rs.4500/- altogether a sum of Rs.4 47 483/- with interest at the rate of 6% per annum taking into consideration of the representation of the petitioner dated 17.10.2016 WP.No.39832/2016:directing the respondent to settle petitioner terminal benefits of Gratuity amount of Rs.8 00 000/- Surrender of earned leave 198.5 days and medical leave 83.5 days of amount of Rs.3 85 400/- social security scheme amount of Rs.30 000/- and Erode Engineering and Medical College refund amount of Rs.4500/- altogether a sum of Rs.12 19 900/- with interest at the rate of 6% per annum taking into consideration of the representation of the petitioner dated 17.10.2016 WP.No.39833/2016:directing the respondent to settle petitioner terminal benefits of Gratuity Amount of Rs.8 00 000/- Commutation amount of Rs.

3 40 000/- Surrender of earned leave 168 days and medical leave 63.5 days amount of Rs.3 24 100/- social security scheme amount of Rs.30 000/- and Erode Engineering College and Perundurai Medical College refund amount of Rs.4500/- altogether a sum of Rs.14 98 600/- with interest at the rate of 6% per annum taking into consideration of the representation of the petitioner dated 17.10.2016 WP.No.39834/2016:directing the respondent to settle the terminal benefits of the petitioner of Gratuity Amount of Rs.8 00 000/- Surrender of earned leave 2.5 days and medical leave 29 days amount of Rs.37 000/- Erode Engineering College and Perundurai Medical College refund amount of Rs.4500/- and Social Security Scheme amount of Rs.30 000/- altogether a sum of Rs.

8 71 500/- with interest at the rate of 6% per annum taking into consideration of the representation of the petitioner dated 14.10.2016 WP.NO.

directing the respondent to settle petitioner terminal benefits of Gratuity amount of Rs.8 00 000/- Surrender of earned leave 9.5 days of amount of Rs.13 300/- and social security scheme amount of Rs.30 000/- altogether a sum of Rs.8 43 300/- with interest at the rate of 6% per annum taking into consideration of the representation of the petitioner dated 17.10.2016 For Petitioner in all W.Ps.

:

Mr.D.Soundarraj For Respondent in all W.Ps.

:

Mr.P.Kannan Kumar 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 respondent, 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 respondent.

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 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 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 M/s.State Express Transport Corporation Ltd. No.2, Pallavan Salai, Chennai-2 +7 ccs to Mr.D.Soundarraj Advocate sr 65513 to 65519/16 +7 ccs to Mr.P.Kannan Kumar Advocate sr 67179/16 W.P.Nos.39829 to 39835 of 2016 ak(co) aa08/12/2016