Madras High CourtWP/40424/2016disposed of

A.Mani v. Tamil Nadu State Transport

2016-11-17Honourable Mr Justice R.Subbiah3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 17.11.2016

CORAM

THE HONOURABLE MR. JUSTICE R.SUBBIAH Writ Petition Nos.40424 to 40427 of 2016 A.Mani ... Petitioner in W.P.No.40424 of 2016 S.Pandian ... Petitioner in W.P.No.40425 of 2016 C.Nagarajan ... Petitioner in W.P.No.40426 of 2016 K.Rajan Babu .... Petitioner in W.P.No.40427 of 2016 Vs 1 Tamil Nadu State Transport Corporation (Villupuram) Ltd. Rep by its Managing Director Head Office Salamedu Vazhudhareddi Post Villupuram 605 602 2 The General Manager Tamil Nadu State Transport Corporation (Villupuram) Ltd. Tiruvannamalai Region Tiruvannamalai ... Respondents in all the W.Ps.

W.P.No.40424 of 2016: Writ petition has been filed under Article 226 of the Constitution of India, praying for a Writ of mandamus directing the respondents herein to settle all the terminal benefits namely Gratuity Commutation Earned Leave Surrender payment due to the petitioner along with interest at 12% per annum from the date of petitioners superannuation from service within a time frame. W.P.No.40425 of 2016: Writ petition has been filed under Article 226 of the Constitution of India, praying for a Writ of mandamus directing the respondents herein to settle all the terminal benefits namely Gratuity Commutation Earned Leave Surrender payment due to the petitioner along with interest at 12% per annum from the date of petitioners superannuation from service within a time frame.

W.P.No.40426 of 2016: Writ petition has been filed under Article 226 of the Constitution of India, praying for a Writ of mandamus directing the respondents herein to settle all the terminal benefits namely Gratuity Commutation Earned Leave Surrender payment due to the petitioner along with interest at 12% per annum from the date of petitioners superannuation from service within a time frame. W.P.No.40427 of 2016: Writ petition has been filed under Article 226 of the Constitution of India, praying for a Writ of mandamus directing the respondents herein to settle all the terminal benefits namely Gratuity Commutation Earned Leave Surrender payment due to the petitioner along with interest at 12% per annum from the date of petitioners superannuation from service within a time frame. For Petitioner : Mr.K.M.Ramesh 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/- Asst.Registrar (CS ) /true copy/ Sub Asst. Registrar To 1 The Managing Director Tamil Nadu State Transport Corporation (Villupuram) Ltd.

Head Office Salamedu Vazhudhareddi Post Villupuram 605 602 2 The General Manager Tamil Nadu State Transport Corporation (Villupuram) Ltd. Tiruvannamalai Region Tiruvannamalai.

+4 cc's to M/s.K.M.Ramesh,advocate,sr.67253 to 256. +2 cc's to M/s.P.Kannankumar,advocate,sr.67451. mv(co) krd 24/11 W.P.Nos.40424 to 40427 of 2016