T.A.Selvam (Staff No.05925) v. The Managing Director,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 21.11.2016
CORAM
THE HONOURABLE MR. JUSTICE R.SUBBIAH Writ Petition Nos.40652 to 40654 of 2016 T.A.Selvam .... Petitioner in W.P.No.40652 of 2016 S.Murugan Arul .... Petitioner in W.P.No.40653 of 2016 K.Dakshinamoorthy ... Petitioner in W.P.No.40654 of 2016 Vs ... Respondents in W.P.No.40652/2016 (Villupuram) Limited Thiruvannamalai Region Thiruvannamalai.
... Respondents in W.P.No.40653/2016 ... Respondents in W.P.No.40654/2016 W.P.No.40652 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 scheme with interest at 12% per annum with effect from 1.6.2015 within the stipulated time as may be fixed by this Honourable Court.
W.P.No.40653 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 scheme with interest at 12% per annum with effect from 1.2.2015 within the stipulated time as may be fixed by this Honourable Court.
W.P.No.40654 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 and Medical Leave) 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 scheme with interest at 12% per annum with effect from 1.7.2013 within the stipulated time as may be fixed by this Honourable Court. For Petitioner :
Mr.J.Pradeep, in all W.Ps.
For Respondents :
Mr.P.Kannan Kumar in all 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 II ) /true copy/ Sub Asst. Registrar sbi To 4 The General Manager (Villupuram) Limited Thiruvannamalai Region Thiruvannamalai.
3 ccs to Mr.J. Pradeep, Advocate, Sr. 68263 2 ccs to Mr.P. Kannankumar, Advocate, Sr. 68218 W.P.Nos.40652 to 40654 of 2016 PPA (CO) kk 30/11