S.Yoganathan, Cr1206 v. The Managing Director,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 29.11.2016
CORAM
THE HONOURABLE MR. JUSTICE R.SUBBIAH Writ Petition Nos.41808 to 41812 of 2016 W.P.No.41808 of 2016:
S.Yoganathan ... Petitioner vs.
1 The Managing Director Tamilnadu State Transport Corporation (Salem) Ltd 12 Ramakrishna Salai Salem- 636 007 ...1st Respondent in WP.Nos.41809 To 41812 of 2016 2 The Administrator Tamil Nadu State Transport Corporation Employees Pension Trust Administrative Office Thiruvalluvar House Pallavan Salai Chennai-600002 ... Respondents in WP.41808/2016 Writ petition No.41808 of 2016 has been filed under Article 226 of the Constitution of India, praying for a Writ of mandamus directing the Respondents to pay the retirement benefits such as Provident Fund Gratuity Commutation I.R.T. Share Labour Welfare Fund benefit for Voluntary Retirement benefits of Earned and Unearned Leave Old Medical Leave benefit and other retirement benefits payable to the petitioner with interest at the rate of 12% from the date of retirement. For Petitioner : Mr.A.Nagarathinam, in all the writ petitions For Respondents : Mr.R.K.Gandhi, 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 1.2.2017.
6. With the above direction, all the writ petitions are disposed of. No costs.
Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar
sbi To 1 The Managing Director Tamilnadu State Transport Corporation (Salem) Ltd 12 Ramakrishna Salai Salem- 636 007 2 The Administrator Tamil Nadu State Transport Corporation Employees Pension Trust Administrative Office Thiruvalluvar House Pallavan Salai Chennai-600002 +1cc to Mr.A.Nagarathinam, Advocate, S.R.No.70164 W.P.Nos.41808 to 41812 of 2016 NRI(CO) MA(27/12/2016)