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Madras High CourtWP/39960/2016disposed of

G.Ponnusamy, v. The Managing Director,

2016-11-15Honourable Mr Justice R.Subbiah5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 15.11.2016

CORAM

THE HONOURABLE MR. JUSTICE R.SUBBIAH Writ Petition Nos.39960 to 39963 of 2016 W.P.No.39960 of 2016:

G.Ponnusamy ... Petitioner Vs (Villupuram) Limited Vazhuthareddy Villupuram 605 602.

2 The General Manager (Villupuram) Limited Vellore Region Vellore.

... Respondents W.P.No.39961 of 2016:

N.Ramamoorthy ... Petitioner vs (Villupuram) Ltd. Vazhuthareddy Villupuram- 605 602.

2 The General Manager (Villupuram) Ltd. Vellore Region Vellore.

Chennai-600 002.

... Respondents.

W.P.No.39962 of 2016:

C.Yoganathan ... Petitioner vs.

(Villupuram) Ltd. Vazhuthareddy Villupuram- 605 602.

2 The General Manager (Villupuram) Ltd. Vellore Region Vellore.

Chennai-600 002.

... Respondents.

W.P.No.39963 of 2016:

S.Karunakaran ... Petitioner vs (Villupuram) Ltd. Vazhuthareddy Villupuram- 605 602.

2 The General Manager (Villupuram) Ltd. Vellore Region Vellore.

Chennai-600 002.

Respondents W.P.No.39960 of 2016: Writ petition has been filed under Article 226 of the Constitution of India, praying for a Writ of mandamus directing the respondents to disburse the payments relating to Gratuity, Leave Surrender (Earned Leave & Old Medical Leave), Last 10 days salary, D.A. Arrears and all other benefits by calculating D.A. eligible as per the fixation made by the Government of Tamilnadu periodically along with the entitled difference of dearness allowances also with interest at 12% per annum with effect from 01.06.2016 within the stipulated time as may be fixed by this Honourable Court W.P.No.

39961 of 2016: Writ petition has been filed under Article 226 of the Constitution of India, praying for a Writ of mandamus directing the respondents to disburse the payments relating to Gratuity, Leave Surrender (Earned Leave & Old Medical Leave), IRT share amount , D.A. Arrears and all other benefits by calculating D.A. eligible as per the fixation made by the Government of Tamilnadu periodically along with the entitled difference of dearness allowances also with interest at 12% per annum with effect from 01.07.2016 within the stipulated time as may be fixed by this Honourable Court. W.P.No.39962 of 2016: Writ petition has been filed under Article 226 of the Constitution of India, praying for a Writ of mandamus Directing the respondents to disburse the payments relating to Gratuity Leave Surrender (Earned Leave & Old Medical Leave) D.A.

Arrears and all other benefits by calculating D.A. eligible as per the fixation made by the Government of Tamilnadu periodically along with the entitled difference of dearness allowances also with interest at 12% per annum with effect from 01.02.2016 within the stipulated time as may be fixed by this Honourable Court.

W.P.No.39963 of 2016: Writ petition has been filed under Article 226 of the Constitution of India, praying for a Writ of mandamus Directing the respondents to disburse the payments relating to Gratuity Leave Surrender (Earned Leave & Old Medical Leave) 2013 Settlement Effect with Arrears D.A. Arrears and all other

benefits by calculating D.A. eligible as per the fixation made by the Government of Tamilnadu periodically along with the entitled difference of dearness allowances also with interest at 12% per annum with effect from 01.02.2016 within the stipulated time as may be fixed by this Honourable Court. For Petitioner : Mr.G.Sakthivel in all the W.Ps.

For Respondents : Mr.P.Kannan Kumar in all the W.Ps.

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/- Assistant Registrar //True Copy// Sub Assistant Registrar sbi To (Villupuram) Limited Vazhuthareddy Villupuram 605 602.

2 The General Manager (Villupuram) Limited Vellore Region Vellore.

Chennai 600 002.

+2cc to Mr.P. Kannankumar, Advocate, S.R.No.67164 gj(CO) md(30/11/2016) W.P.Nos.39960 to 39963 of 2016