K.Mathaiyan, 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.40659 to 40661 of 2016 K.Mathaiyan .... Petitioner in W.P.No.40659 of 2016 V.Matheswaran .... Petitioner in W.P.No.40660 of 2016 P.R.Periasamy ... Petitioner in W.P.No.40661 of 2016 Vs 1 The Managing Director Tamilnadu State Transport Corporation (CBE) Ltd. 37 Mettupalayam Road Coimbatore-641 043.
2 The General Manager Tamilnadu State Transport Corporation (CBE) Ltd. Erode Region Chennimalai Road Erode- 1.
3 The Administrator Tamil Nadu State Transport Corporation Employees Pension Fund Trust Thiruvalluvar Illam Pallavan Salai Chennai-600 002.
... Respondents in all the writ petitions.
W.P.No.40659 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 settle all the terminal benefits dues payable to the petitioner as per the order of the WA.(MD)No.383 to 457 of 2015 dated 12.06.2015 with interest at 12% per annum with effect from 31.10.2014 within the time limit stipulated by this Court may deem fit and proper in the circumstances of the case.
W.P.No.40660 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 settle all the terminal benefits dues payable to the petitioner as per the order of the WA.(MD)No.383 to 457 of 2015 dated 12.06.2015 with interest at 12% per annum with effect from 01.06.2015 within the time limit stipulated by this Honourable Court may deem fit and proper in the circumstances of the case.
W.P.No.40661 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 settle all the terminal benefits dues payable to the petitioner as per the order of the WA.(MD)No.383 to 457 of 2015 dated 12.06.2015 with interest at 12% per annum with effect from 28.02.2016 within the time limit stipulated by this Honourable Court may deem fit and proper in the circumstances of the case.
For Petitioner :
Mr.R.S.Vijaya Prasad, 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 V ) /true copy/ Sub Asst. Registrar To 1 The Managing Director Tamilnadu State Transport Corporation (CBE) Ltd. 37 Mettupalayam Road Coimbatore-641 043. 2 The General Manager Tamilnadu State Transport Corporation (CBE) Ltd. Erode Region Chennimalai Road Erode- 1.
3 The Administrator Tamil Nadu State Transport Corporation Employees Pension Fund Trust Thiruvalluvar Illam Pallavan Salai Chennai-600 002.
+2 cc's toMr.P.kannankumar,advocate,sr.68221. ev(co) krd 16/12 W.P.Nos.40659 to 40661 of 2016