S.Punniyakotti 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.40686 to 40688 of 2016 S.Punniyakotti .... Petitioner in W.P.No.40686 of 2016 K.Venkatesan .... Petitioner in W.P.No.40687 of 2016 M.Punniyakotti ... Petitioner in W.P.No.40688 of 2016 Vs (Villupuram) Limited Vellore Region Vellore.
Scheme Thiruvalluvar House Pallavan Salai ... Respondents in W.P.No.40686 of 2016 (Salem) Ltd. No.12 Ramakrishna Road Salem 636 007.
(Salem) Ltd. Dharmapuri Region Dharmapuri 636 705.
Scheme Thiruvalluvar House Pallavan Salai ... Respondents in W.P.No.40687 of 2016 (Villupuram) Limited Thiruvannamalai Region Thiruvannamalai Scheme Thiruvalluvar House Pallavan Salai ... Respondents in W.P.No.40688 of 2016 W.P.No.40686 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 1.7.2016 within the stipulated time as may be fixed by this Honourable Court.
W.P.No.40687 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) Leave Surrender amount while in service ERBS amount DA Arrears 5.5 Settlement Arrear 5.5 Pension Arrear 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 1.4.2014 within the stipulated time as may be fixed by this Honourable Court. W.P.No.40688 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 1.4.2015 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/- Assistant Registrar(CS II) //True Copy// Sub Assistant Registrar sbi To (Villupuram) Limited Vellore Region Vellore.
Scheme Thiruvalluvar House Pallavan Salai 4 The Managing Director (Salem) Ltd. No.12 Ramakrishna Road Salem 636 007.
5 The General Manager (Salem) Ltd. Dharmapuri Region Dharmapuri 636 705.
6 The General Manager (Villupuram) Limited Thiruvannamalai Region Thiruvannamalai + 2 ccs to Mr.P. Kannan Kumar, Advocate Sr.68220 + 3 ccs to Mr.J. Pradeep, Advocate SR.68262 W.P.Nos.40686 to 40688 of 2016 PPA(CO) EU 30.11.16