Madras High CourtWP/40901/2016disposed of

S.Natarajan, v. The Managing Director,

2016-11-22Honourable Mr Justice R.Subbiah5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.11.2016

CORAM

THE HONOURABLE MR.JUSTICE R.SUBBIAH W.P.Nos.40901 to 40912 of 2016 S.Natarajan ... Petitioner in W.P.No.40901/16 R.Narayanasamy ... Petitioner in W.P.No.40902/16 K.Shanmugavel ... Petitioner in W.P.No.40903/16 N.Rajendran ... Petitioner in W.P.No.40904/16 K.Krishnasamy ... Petitioner in W.P.No.40905/16 S.Sundararaj ... Petitioner in W.P.No.40906/16 K.Nadarajan ... Petitioner in W.P.No.40907/16 P.Kottaieaswaran ... Petitioner in W.P.No.40908/16 K.chinnasamy ... Petitioner in W.P.No.40909/16 A.Parameshwaran ... Petitioner in W.P.No.40910/16 A.M.Abdul Razak ... Petitioner in W.P.No.40911/16 P.Balasubramanian ... Petitioner in W.P.No.40912/16 Vs.

1 The Managing Director Tamil Nadu State Transport Corporation (Coimbatore) Limited No.37, Mettupalayam Road, Coimbatore - 641 043.

2 The Administrator Tamil Nadu State Transport Corporation (Coimbatore) Limited Employees Post Retirement Welfare Fund Scheme Thiruvallur House, Pallavan Salai, Chennai - 600 002.

... Respondents in all WPs Prayer in W.P.No.40901 of 2016:

Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the 1st respondent herein consider and to dispose of the petitioner's representation dated 22.09.2016 thereby direct the 1st respondent to disburse the terminal benefits of the petitioner herein namely Gratuity, Commutation, ERBS (Employees Retirement Benefit Scheme), pension arrears, surrender leave salary i.e. earn leave Salary D.A (dearness allowance) arrears and pension DA (dearness allowance) arrears with interest at 18% per annum with effect from 01.07.2016 in accordance with law within a time frame that may be fixed by this Honourable Court.

WP.No.40902/16: Petition filed under Article 226 of the representation dated 22.09.2016 thereby direct the 1st with effect from 01.08.2015 in accordance with law within a time WP.No.40903/16:

with effect from 01.09.2013 in accordance with law within a time WP.No.40904/16:

representation dated 22.09.2016 thereby direct the 1st with effect from 01.02.2014 in accordance with law within a time WP.No.40905/16:

with effect from 01.10.2014 in accordance with law within a time WP.No.40906/16:

representation dated 19.09.2016 thereby direct the 1st

with effect from 01.07.2016 in accordance with law within a time WP.No.40907/16:Petition filed under Article 226 of the with effect from 01.03.2015 in accordance with law within a time WP.No.40908/16:

representation dated 19.09.2016 thereby direct the 1st with effect from 01.07.2016 in accordance with law within a time WP.No.40909/16:

with effect from 01.06.2013 in accordance with law within a time WP.No.40910/16:

representation dated 22.09.2016 thereby direct the 1st

with effect from 01.07.2015 in accordance with law within a time WP.No.40911/16: Petition filed under Article 226 of the representation dated 07.09.2016 thereby direct the 1st with effect from 01.12.2014 in accordance with law within a time WP.No.40912/16:

with effect from 01.11.2012 in accordance with law within a time For Petitioners : Mr.J.Franklin For Respondents : Mr.P.Kannan Kumar C O M M O N O R D E R By consent, the writ petitions are taken up for final disposal. Since the issue involved in all these petitions are related to each other, they are disposed of by a common order. 2.The writ petitions have been filed seeking Mandamus directing the respondent to settle the retirement benefits, due to the petitioners, together with interest and in accordance with law, within a time frame that may be fixed by this Court. 3.The petitioners are the retired employees of the respondent Corporation and they were not paid the retirement benefits due to them, fully. Hence, the petitioners made representation to the respondent requesting to pay all the retirement benefits. But, the same have not been considered so far. Hence, left with no other alternative, the petitioners have come up with the present writ petitions for the relief set out earlier.

4.I have heard the learned counsel appearing for the petitioners and the learned counsel who takes notice for the respondents.

5.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).

6.Following the said judgment, without going into the merits of the matter, the respondent is directed to disburse the aforementioned retiral benefits to the petitioner 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 01.02.2017.

7.With the above direction, the present writ petitions are disposed of. No costs.

Sd/- Asst.Registrar (CS VII ) /true copy/ Sub Asst. Registrar To 1 The Managing Director Tamil Nadu State Transport Corporation (Coimbatore) Limited No.37, Mettupalayam Road, Coimbatore - 641 043.

2 The Administrator Tamil Nadu State Transport Corporation Employees Post Retirement Welfare Fund Scheme Thiruvallur House, Pallavan Salai, Chennai - 600 002.

+12 cc's to Mr.J.Franklin,advocate,sr.67879,87,82,79,80 +2 cc's to Mr.P.Kannankumar,advocate,sr.69287. nrjk(co) krd 7/12 W.P.Nos.40901 to 40912 of 2016