R.Palanisamy, Staff No.Dr1378 v. The Managing Director,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 17.11.2016

CORAM

THE HONOURABLE MR. JUSTICE R.SUBBIAH Writ Petition Nos.40274 to 40279 of 2016 R.Palanisamy ... Petitioner in WP.40274/2016 B.Natarajan ... Petitioner in WP.40275/2016 K.Allauddin ... Petitioner in WP.40276/2016 G.Balu ... Petitioner in WP.40277/2016 P.Rajaraman ... Petitioner in WP.40278/2016 P.Selvaraj ... Petitioner in WP.40279/2016 vs.

1 The Managing Director (villupuram) Ltd Vazhuthareddy Villupuram- 605 602 ...1st Respondent in all the Petitions 2 The General Manager (Villupuram) Ltd Cuddalore Region Cuddalore ...2nd Respondent in WP.Nos.

40274 to 40276/16, 40278/16 3 The Administrator Employees Post Retirement Welfare Fund Scheme Thiruvalluvar House Pallavan Salai Chennai-600 002.

... 2nd Respondent in WP.No.

40277/16, 40279/16 4.The Administrator, Tamil Nadu State Transport corporation Employees Port Retirement Welfare Fund Scheme, Thiruvalluvar House Pallavan Salai,Chennai-600 002 ..3rd Respondent in all the Petitions

Writ petitions filed under Article 226 of the Constitution of India, praying for Writs of mandamus WP.No.40274/16:Directing Directing the respondents to settle the petitioners retirement benefits including Gratuity Commutation EL Surrender SL Surrender Previous EL Surrender settlement arrears pension arrears and RBS arrears 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. 30.04.2015 to till date of actual payment to the petitioner within the time that may be stipulated by this Honourable Court WP.NO.40275/16:

Directing the respondents to settle the petitioner retirement benefits including Gratuity Commutation EL Surrender Previous EL Surrender RBS Amount arrears and Settlement arrears 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.

40276/16:Directing the respondents to settle the petitioner retirement benefits including Gratuity EL Surrender RBS Amount arrears and Settlement arrears 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. 31.05.2016 to till date of actual payment to the petitioner within the time that may be stipulated by this Honourable Court WP.No.40277/16:Directing the respondents to settle the petitioner retirement benefits including Gratuity Commutation EL Surrender RBS Amount DA arrears and Settlement arrears 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. 29.02.

WP.No.40278/16:Directing the respondents to settle the petitioners retirement benefits including Gratuity EL Surrender RBS amount arrears and settlement arrears 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. 31.05.2016 to till date of actual payment to the petitioner within the time that may be stipulated by this Honourable Court WP.No.40279/16:

Directing the respondents to settle the petitioners retirement benefits including Gratuity RBS amount and DA arrears 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. 31.03.2013 to till date of actual payment to the petitioner within the time that may be stipulated by this Honourable Court For Petitioner :

Mr.M.Selvam, in all the writ petitions For Respondents :

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.

-s/dAssistant Registrar True Copy Sub-Assistant Registrar sbi To 1 The Managing Director (villupuram) Ltd Vazhuthareddy Villupuram- 605 602 2 The General Manager (Villupuram) Ltd Cuddalore Region Cuddalore 3 The Administrator Employees Post Retirement Welfare Fund Scheme Thiruvalluvar House Pallavan Salai Chennai-600 002.

4. The General Manager (Villupuram) Ltd Cuddalore Region Cuddalore +6 cc to Mr.M.Selvam Advocate sr 66586 +1 cc to Mr.S.Sairaman Advocate sr 67461 W.P.Nos.40274 to 40279 of 2016 nrjk(co) aa28/11/2016