R.Manisagar, v. The General Manager,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 15.11.2016
CORAM
THE HONOURABLE MR. JUSTICE R.SUBBIAH Writ Petition Nos.39879 to 39888 of 2016 R.Manisagar ... Petitioner in W.P.No.39879 of 2016 K. Thavasiappan ... Petitioner in W.P.No.39880 of 2016 D. Murugesan ... Petitioner in W.P.No.39881 of 2016 A. Loganathan ... Petitioner in W.P.No.39882 of 2016 P. Duraisamy ... Petitioner in W.P.No.39883 of 2016 M. Puththar ... Petitioner in W.P.No.39884 of 2016 S.Krishnasamy ... Petitioner in W.P.No.39885 of 2016 P. Somasundaram ... Petitioner in W.P.No.39886 of 2016 R. Pannerselvam ... Petitioner in W.P.No.39887 of 2016 C. Paramasivam ... Petitioner in W.P.No.39888 of 2016 Vs The General Manager Tamil Nadu State Transport Corporation Limited (Coimbatore) Erode Regional Office Chennaimalai Road Erode.
Respondent in all WPs Writ petition has been filed under Article 226 of the Constitution of India, praying for a Writ of mandamus to direct the Respondents to disburse the surrender Leave salary i.e. Earned Leave balance as on 30.06.2011 and other monetary benefits with interest at 12% per annum with effect from 01.07.2011 within stipulated time as may be fixed by this Honourable Court. (W.P.No.39879 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.39880 of 2016) Directing the Respondents to disburse the payments relating to surrender Leave salary i.e. Earned Leave balance as on 31.10.
2013 Earned leave balance amount and other monetary benefits by calculating D.A. eligible as per newly implemented scheme with interest at 12% per annum with effect from 01.11.2013 within stipulated time as may be fixed by this Honourable Court.(W.P.No.
Directing the Respondents to disburse the Surrender Leave salary i.e. Earned Leave balance as on 31.05.2016 and other monetary benefits with interest at 12% per annum with effect from 01.06.2016 within stipulated time as may be fixed by this Honourable Court.(W.P.No.39882 of 2016) Directing the Respondents to disburse the Surrender Leave salary i.e. Earned Leave balance as on 30.09.2011 and other monetary benefits with interest at 12% per annum with effect from 01.10.2011 within stipulated time as may be fixed by this Honourable Court. W.P.No.39883 of 2016) Directing the Respondents to disburse the Surrender Leave salary i.e. Earned Leave balance as on 30.06.2013 and other monetary benefits with interest at 12% per annum with effect from 01.07.2013 within stipulated time as may be fixed by this Honourable Court.(W.P.No.
39884 of 2016) Directing the Respondents to disburse the Surrender Leave salary i.e. Earned Leave balance as on 31.08.2016 and other monetary benefits with interest at 12% per annum with effect from 01.09.2016 within stipulated time as may be fixed by this Honourable Court. (W.P.No.39885 of 2016) Directing the Respondents to disburse the Surrender Leave salary i.e. Earned Leave balance as on 30.11.2013 and other monetary benefits with interest at 12% per annum with effect from 01.12.2013 within stipulated time as may be fixed by this Honourable Court.(W.P.No.39886 of 2016) Directing the Respondents to disburse the Surrender Leave salary i.e. Earned Leave balance as on 28.02.2015 and other monetary benefits with interest at 12% per annum with effect from 01.03.2015 within stipulated time as may be fixed by this Honourable Court.(W.P.No.
39887 of 2016) Directing the Respondents to disburse the Surrender Leave salary i.e. Earned Leave balance as on 28.02.2015 and other monetary benefits with interest at 12% per annum with effect from 01.03.2015 within stipulated time as may be fixed by this Honourable Court.(W.P.No.
For Petitioner :
Mr.I.C.Vasudevan in all the writ petitions For Respondent :
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 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/- Asst.Registrar (J) /true copy/ Sub Asst. Registrar sbi To The General Manager Tamil Nadu State Transport Corporation Limited (Coimbatore) Erode Regional Office Chennaimalai Road Erode.
10 ccs to M/s. I.C. Vasudevan, Advocate Sr. 66265 to 66274 2 ccs to Mr.P. Kannankumar, Advocate, Sr. 67167 W.P.Nos.39879 to 39888 of 2016 RK (CO) kk 9/12