Madras High CourtWP/40386/2016disposed of

G.Sankaran v. The Managing Director

2016-11-17Honourable Mr Justice R.Subbiah4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 17.11.2016

CORAM

THE HONOURABLE MR. JUSTICE R.SUBBIAH Writ Petition Nos.40386 & 40387 of 2016 G.Sankaran ... Petitioner in W.P.No.40386/2016 K.Krishnan ... Petitioner in W.P.No.40387/2016 Vs 1 The Managing Director (Villupuram) Ltd Vazhuthareddy Villupuram- 605 602.

2 The General Manager (Villupuram) Ltd Vellore Region Vellore 3 The Administrator Employees Post Retirement Welfare Fund Scheme Thiruvalluvar House Pallavan Salai Chennai-2.

.. Respondents in W.P.No.40386/2016 1 The Managing Director (Salem) Ltd. No.12 Ramakrishna Road Salem 636 007.

2 The General Manager (Salem) Ltd. Dharmapuri Region Dharmapuri 636 705.

3 The Administrator Employees Post Retirement Welfare Fund Scheme Thiruvalluvar House Pallavan Salai Chennai-2.

.... Respondents in W.P.No.40387 of 2016

W.P.No.40386 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, Pension Commutation, Leave Encashment (Earned and Medical Leave), Social Welfare Fund, IRT Amount, 12(3) Settlement Arrear, DA Arrears, Last 10 days Salary, CRBS Amount and all other attendant benefits by calculating D.A. eligible as per newly implemented, with interest at 12% per annum with effect from 1.7.2015 within the stipulated time as may be fixed by this Honourable Court. W.P.No.

40387 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 Provident Fund, Gratuity, Leave Encashment (Earned and Medical Leave), Leave Surrender amount while in service, IRT Amount, Social Welfare Fund, ERBS Amount D.A. Arrears, Last 7 days salary and all other attendant benefits by calculating D.A. eligible as per the fixation made by the Government of Tamil Nadu Periodically along with the entitled difference of Dearness Allowances also with interest at 12% per annum with effect from 1.6.2016 within the stipulated time as may be fixed by this Honourable Court.

For Petitioner : Mr.J.Pradeep in both the writ petitions For Respondents : Mr.P.Kannan Kumar, in both 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, both the writ petitions are disposed of. No costs.

Sd/- Asst.Registrar (CS III ) /true copy/ Sub Asst. Registrar To 1 The Managing Director (Villupuram) Ltd Vazhuthareddy Villupuram- 605 602.

2 The General Manager (Villupuram) Ltd Vellore Region Vellore 3 The Administrator Employees Post Retirement Welfare Fund Scheme Thiruvalluvar House Pallavan Salai Chennai-2.

4 The General Manager (Salem) Ltd. Dharmapuri Region Dharmapuri 636 705.

5 The Managing Director (Salem) Ltd. No.12 Ramakrishna Road Salem 636 007.

+2 cc's to M/s.J.pradeep, advocate,sr.66990 +2 cc;s to M/s.P.Kannankumar, advocate,sr.67448. mv(co) krd 24/11 W.P.Nos.40386 & 40387 of 2016