C.Bhoopathi(Staff No.Cr.62497) v. The Managing Director
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 02.12.2016
CORAM
THE HONOURABLE MR. JUSTICE R.SUBBIAH Writ Petition Nos.42411 to 42415 of 2016 W.P.No.42411 of 2016:
C.Bhoopathi ... Petitioner in WP.No.42411/2016 E. Velayutham ... Petitioner in WP.No.42412/2016 P. Sampath ... Petitioner in WP.No.42413/2016 K. Anbazhagan ... Petitioner in WP.No.42414/2016 G. Balanagan ... Petitioner in WP.No.42415/2016 Vs 1 The Managing Director (Villupuram) Limited Vazhuthareddy Villupuram-605 602 2 The General Manager (Villupuram) Limited Kancheepuram Region Kancheepuram 3 The Administrator Employees Post Retirement Welfare Fund Scheme Thiruvalluvar House Pallavan Salai Chennai-600 002 ... Respondents WP.No.42411,42412/2016 1 The Managing Director Tamil Nadu State Transport Corporation (Villupuram) Limited Vazhuthareddy, Villupuram 605 602 2 The General Manager, Tamil Nadu State Transport Corporation (Villupuram) Limited, Kanchepuram Region Kanchepuram Respondent in Wp.No.142413/2016
1 The Managing Director Tamil Nadu State Transport Corporation (Villupuram) Limited Vazhuthareddy, Villupuram 605 602 2 The General Manager, Tamil Nadu State Transport Corporation (Villupuram) Limited, Kanchepuram Region Kanchepuram 3 The Administrator Employees Post Retirement Welfare Fund Scheme, Thiruvalluvar House, Pallavan Salai, Chennai 600 002 Respondents in WP.Nos.42414 to 42415/2016 Writ petition No.42411,42412 of 2016 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 and Leave Surrender (Earned Leave & Old Medical Leave) IRT Share Amount and all others benefits by calculating D.A.
eligible as per the fixation made by the Government of Tamilnadu periodically along with the entitled difference of dearness allowances also with interest at 12% per annum with effect from 01.09.2016 within the stipulated time as may be fixed by this Honourable Court. WP.No.42413/2016 A Writ of Mandamus or any other appropriate Writ or Direction more particularly in the nature of Writ of Mandamus Directing the respondents to disburse the payments relating to Gratuity Leave Surrender (Earned Leave & Old Medical) 12(3) 2013 Settlement Effect with Arrears D.A. Arrears and all others benefits by calculating D.A. eligible as per the fixation made by the Government of Tamilnadu periodically along with the entitled difference of dearness allowances also with interest at 12% per annum with effect from 01.10.
2013 within the stipulated time as may be fixed by this Honourable Court. WP.No.42414/2016 A Writ of Mandamus or any other appropriate Writ or Direction more particularly in the nature of Writ of Mandamus Directing the respondents to disburse the payments relating to Gratuity Pension Commutation and Leave Surrender (Earned Leave & Old Medical Leave) Settlement effect and Arrears Revised D.A and all others benefits by calculating D.A.
interest at 12% per annum with effect from 01.05.2016 within the stipulated time as may be fixed by this Honourable Court WP.No.42415/2016 A Writ of Mandamus or any other appropriate Writ or Direction more particularly in the nature of Writ of Mandamus Directing the respondents to disburse the payments relating toGratuity Commutation Leave Surrender (Earned Leave & 98 Old Medical) Revised Grade Pay as per (Ms) No.81 dated 16.09.2016 12(3) 2013 Settlement effect with Arrears IRT Share Amount and all others benefits by calculating D.A. eligible as per the fixation made by the Government of Tamilnadu periodically along with the entitled difference of dearness allowances also with interest at 12% per annum with effect from 01.06.2016 within the stipulated time as may be fixed by this Honourable Court For Petitioner : Mr.G.Sakthivel in all the writ petitions.
For Respondents : Mr.P.Kannan Kumar, 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 //True Copy// Sub Assistant Registrar
sbi To 1 The Managing Director (Villupuram) Limited Vazhuthareddy Villupuram-605 602 2 The General Manager (Villupuram) Limited Kancheepuram Region Kancheepuram 3 The Administrator Employees Post Retirement Welfare Fund Scheme Thiruvalluvar House Pallavan Salai Chennai-600 002 +5cc to Mr.G. Sakthivel, Advocate, S.R.No.71418 ala(CO) md(22/12/2016) W.P.Nos.42411 to 42415 of 2016