M.Kumar 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.40421 & 40422 of 2016 M.Kumar ... Petitioner in W.P.No.40421/2016 R.Krishnamoorthy ... Petitioner in W.P.No.40422/2016 Vs 1 The Managing Director Tamil Nadu State Transport Corporation (Villupuram) ltd. Vazhuthareddy Villupuram- 605 602.
2 The General Manager Tamil Nadu State Transport Corporation (Villupuram) ltd. Tiruvannamalai Region Tiruvannamalai.
3 The Administrator Tamil Nadu State Transport Corporation Employees Post Retirement Welfare Fund Scheme Thiruvalluvar House Pallavan Salai Chennai-600 002.
.. Respondents in both the W.Ps.
W.P.No.40421 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 Encashment (Earned & Old Medical Leave) CRBS Pension D.A arrears 5.5 Pension arrears (2013) Settlement arrears Last 11 days salary and all other attendant benefits by calculating D.A. eligible as per newly implemented scheme with interest at 12% per annum with effect
from 01.06.2015 within stipulated time as may be fixed by this Court.
W.P.No.40422 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 Old Medical Leave amount CRBS Pension D.A arrears Pension arrears last 8 days salary and all other attendant benefits by calculating D.A. eligible as per newly implemented scheme with interest at 12% per annum with effect from 01.03.2013 within stipulated time as may be fixed by this 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/- Assistant Registrar //True Copy// Sub Assistant Registrar sbi To 1 The Managing Director Tamil Nadu State Transport Corporation (Villupuram) ltd. Vazhuthareddy Villupuram- 605 602.
2 The General Manager Tamil Nadu State Transport Corporation (Villupuram) ltd. Tiruvannamalai Region Tiruvannamalai.
3 The Administrator Tamil Nadu State Transport Corporation Employees Post Retirement Welfare Fund Scheme Thiruvalluvar House Pallavan Salai Chennai-600 002.
+2cc to Mr.J. Pradeep, Advocate, S.R.No.66988 ksj(CO) md(05/12/2016) W.P.Nos.40421 & 40422 of 2016