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Madras High CourtWP/39836/2016disposed of

S.Ashok Kumar, v. The General Manager,

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.39836 to 39844 of 2016 S.Ashok Kumar ..Petitioner in W.P.No.39836/2016 K. Subramanian ..Petitioner in W.P.No.39837/2016 N. Nallamuthu ..Petitioner in W.P.No.39838/2016 B. Nagarajan ..Petitioner in W.P.No.39839/2016 A. Sakthivel ..Petitioner in W.P.No.39840/2016 M. Rameshchander ..Petitioner in W.P.No.39841/2016 S. Chidambaram ..Petitioner in W.P.No.39842/2016 G.K. Radhakrishnan ..Petitioner in W.P.No.39843/2016 G.M. Shanmugam ..Petitioner in W.P.No.39844/2016 Vs.

The General Manager Tamilnadu State Transport Corporation Ltd., (Coimbatore) Erode Regional Office Chennimalai Road Erode ..Respondent in all WPs.

Writ petitions filed under Article 226 of the Constitution of India, praying this Hon'ble Court to issue a Writ of Mandamus or any other appropriate Writ or W.P. NO.39836 of 2016: Directing the Respondents to disburse the surrender Leave salary, i.e. Earned Leave balance as on 30.04.2015 and other monetary benefits with interest at 12% per annum with effect from 01.05.2015 within stipulated time as may be fixed by this Honourable Court.

W.P.No.39837 of 2016: Directing the Respondents to disburse the surrender Leave salary i.e. Earned Leave balance as on 28.02.2011 and other monetary benefits with interest at 12% per annum with effect from 01.3.2011 within stipulated time as may be fixed by this Honourable Court.

W.P.No.39838 of 2016: Directing the Respondents to disburse the surrender Leave salary i.e. Earned Leave balance as on 30.06.2012 and other monetary benefits with interest at 12% per annum with effect from 01.07.2012 within stipulated time as may be fixed by this Honourable Court.

W.P.No.39839 of 2016: Directing the Respondents to disburse the surrender Leave salary i.e. Earned Leave balance as on 31.07.2012 and other monetary benefits with interest at 12% per annum with effect from 01.08.2012 within stipulated time as may be fixed by this Honourable Court.

W.P.No.39840 of 2016: Directing the Respondents to disburse the surrender Leave salary i.e. Earned Leave balance as on 28.02.2013 and other monetary benefits with interest at 12% per annum with effect from 01.03.2013 within stipulated time as may be fixed by this Honourable Court.

W.P.No.39841 of 2016: Directing the Respondents to disburse the surrender Leave salary i.e. Earned Leave balance as on 30.09.2014 and other monetary benefits with interest at 12% per annum with effect from 01.10.2014 within stipulated time as may be fixed by this Honourable Court.

W.P.No.39842 of 2016: Directing the Respondents to disburse the surrender Leave salary i.e. Earned Leave balance as on 30.06.2012 and other monetary benefits with interest at 12% per annum with effect from 01.07.2012 within stipulated time as may be fixed by this Honourable Court.

W.P.No.39843 of 2016:Directing the Respondents to disburse the surrender Leave salary i.e. Earned Leave balance as on 31.05.2015 and other monetary benefits with interest at 12% per annum with effect from 01.06.2015 within stipulated time as may be fixed by this Honourable Court.

W.P.No.39844 of 2016: Directing the Respondents to disburse the surrender Leave salary i.e. Earned Leave balance as on 31.08.2013 and other monetary benefits with interest at 12% per annum with effect from 01.09.2013 within stipulated time as may be fixed by this Honourable Court.

For Petitioner in all W.Ps.

:

Mr.I.C.Vasudevan 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.

Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar sbi

To The General Manager Tamilnadu State Transport Corporation Ltd., (Coimbatore) Erode Regional Office Chennimalai Road, Erode.

+9ccs to Mr.I.C. Vasudevan, Advocate, S.R.No.66283 +2ccs to Mr. P. Kannankumar, Advocate, S.R.No.67163 SV(CO) EU 21.12.16 W.P.Nos.39836 to 39844 of 2016