A.Chakkrapani, Staff No.60974 v. The Managing Director
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 24.11.2016
CORAM
THE HONOURABLE MR. JUSTICE R.SUBBIAH Writ Petition Nos.41329 to 41331 of 2016 A.Chakkrapani ... Petitioner in W.P.No.41329/2016 R.Arasu ... Petitioner in W.P.No.41330/2016 S.M.Ubaidullah ... Petitioner in W.P.No.41331/2016 vs.
1. The Managing Director, Tamil Nadu State Transport Corporation (VPM) Ltd., Vazhuthareddy, Villupuram District.
2. The General Manager, Tamil Nadu State Transport Corporation (VPM) Ltd., Kancheepuram Region, Kancheepuram.
3. The Administrator, Tamil Nadu State Transport Corporation Employees Post Retirement Welfare Fund Scheme, Thiruvalluvar House, Pallavan Salai, Chennai-2.
... Respondents in all the writ petitions Writ petition No.41329 of 2016 has been filed under Article 226 of the Constitution of India, praying for a Writ of
mandamus directing the respondents to settle the petitioner's retirement benefits including Gratuity, Commutation, Surrender Leave (EL), RBS Arrears, DA Arrears, Settlement Arrears and Revised Pension Arrears with interest at the rate of not less than 18% p.a. payable from the date of retirement and consequently, directing the respondents to pay interest at the rate of 18% p.a. for the belated settlement of retirement benefits to the petitioner payable from the date of retirement i.e. 31.05.2014 till date of actual payment to the petitioner within a time fixed by this Court. Writ petition No.
41330 of 2016 has been filed under Article 226 of the Constitution of India, praying for a Writ of mandamus directing the respondents to settle the petitioner's retirement benefits including Gratuity, Commutation, Surrender Leave (EL & ML), RBS Arrears, DA Arrears, Settlement Arrears and Revised Pension Arrears with interest at the rate of not less than 18% p.a. payable from the date of retirement and consequently, directing the respondents to pay interest at the rate of 18% p.a. for the belated settlement of retirement benefits to the petitioner payable from the date of retirement i.e. 31.08.2014 till date of actual payment to the petitioner within a time fixed by this Court.
Writ petition No.41331 of 2016 has been filed under Article 226 of the Constitution of India, praying for a Writ of mandamus directing the respondents to settle the petitioner's retirement benefits including Gratuity, Commutation, Surrender Leave (EL & ML), RBS Arrears, DA Arrears, Settlement Arrears, IRT Amount and Revised Pension Arrears with interest at the rate of not less than 18% p.a. payable from the date of retirement and consequently, directing the respondents to pay interest at the rate of 18% p.a. for the belated settlement of retirement benefits to the petitioner payable from the date of retirement i.e. 31.01.2014 till date of actual payment to the petitioner within a time fixed by this Court.
For Petitioner : Mr.M.Selvam in all the writ petitions For Respondents :
Mr.S.Sairaman in all the writ petitions.
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 01.02.2017.
6. With the above direction, all the writ petitions are disposed of. No costs.
24.11.2016 Index:Yes/No tsi To
1. The Managing Director, Tamil Nadu State Transport Corporation (VPM) Ltd., Vazhuthareddy, Villupuram District.
2. The General Manager, Tamil Nadu State Transport Corporation (VPM) Ltd., Kancheepuram Region, Kancheepuram.
3. The Administrator, Tamil Nadu State Transport Corporation Employees Post Retirement Welfare Fund Scheme, Thiruvalluvar House, Pallavan Salai, Chennai-2.
R.SUBBIAH, J tsi
W.P.Nos.41329 to 41331 of 2016 DATED: 24.11.2016 http://www.judis.nic.in