S.Kandasamy, v. The State Of Tamil Nadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 29.11.2016
CORAM
THE HONOURABLE MR. JUSTICE R.SUBBIAH Writ Petition Nos.41698 to 41704 of 2016 S.Kandasamy ... Petitioner in WP.41698/2016 T.Sankaran ... Petitioner in WP.41699/2016 K.Marimuthu ... Petitioner in WP.41700/2016 R.Mani ... Petitioner in WP.41701/2016 Mariappan ... Petitioner in WP.41702/2016 S.Ambiapathy ... Petitioner in WP.41703/2016 E.Thiruthanimurugan ... Petitioner in WP.41704/2016 vs.
1 The State of Tamil Nadu Rep by its Principal Secretary Transport Department Fort St. George Chennai-600 009 2 The Managing Director State Express Transport Corpn (TN) Ltd Chennai-600 002 ... Respondents in all WP Petitions Writ petitions filed under Article 226 of the Constitution of India, praying for a Writ of mandamus, W.P.No.41698 of 2016:
Directing the second respondent to disburse the retirement benefits with interest as described in the petitioner's representation dated 22.10.2016. W.P.No.41699 of 2016:
Directing the second respondent to disburse the retirement benefits with interest as described in the petitioners representation dated 17.10.2016.
W.P.No.41700 of 2016:
Directing the second respondent to disburse the retirement benefits with interest as described in the petitioners representation dated 17.10.2016.
W.P.No.41701 of 2016:
Directing the second respondent to disburse the retirement benefits with interest as described in the petitioners representation dated 24.10.2016.
W.P.No.41702 of 2016:
Directing the second respondent to disburse the retirement benefits with interest as described in the petitioners representation dated 24.10.2016.
W.P.No.41703 of 2016:
Directing the second respondent to disburse the retirement benefits with interest as described in the petitioners representation dated 17.10.2016.
W.P.No.41704 of 2016:
Directing the second respondent to disburse the retirement benefits with interest as described in the petitioners representation dated 17.10.2016.
For Petitioner :
Mr.A.Murugan, in all the writ petitions For Respondents :
Mr.O.Selvam, Govt. Advocate, for R1 Mr.R.K.Gandhi, for R2 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, learned Government Advocate, who has taken notice on behalf of the first respondent and the learned counsel, who has taken notice on behalf of the second respondent.
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.
sbi Sd/- Assistant Registrar (CS- ) /TRUE COPY/ Sub-Assistant Registrar To 1 The Principal Secretary Transport Department Fort St. George Chennai-600 009 2 The Managing Director State Express Transport Corpn (TN) Ltd Chennai-600 002 +7 CC Mr.A.Murugan, Advocate SR.No.69884 +1 CC Government Pleader SR.No.70497 W.P.Nos.41698 to 41704 of 2016 PK [CO] MSI 29/12/2016