← Library
Madras High CourtWP/5227/2016disposed of

B.Chandra, v. The Managing Director,

2016-02-12Honourable Mr Justice M.Duraiswamy3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12.02.2016

CORAM

THE HONOURABLE Mr. JUSTICE M.DURAISWAMY W.P.Nos.5227, 5228, 5229, 5230 and 5231 of 2016 B. Chandra .... Petitioner in W.P.No.5227 of 2016 Thavasipal Muthukutti .... Petitioner in W.P.No.5228 of 2016 K. Ramaiah .... Petitioner in W.P.No.5229 of 2016 S. Erusappan .... Petitioner in W.P.No.5230 of 2016 C. Goviindaswamy .... Petitioner in W.P.No.5231 of 2016 v.

1. The Managing Director, Tamil Nadu State Transport Corporation (Villupuram) Limited, Vazhuthareddy, Villupuram - 605602

2. The General Manager, Tamil Nadu State Transport Corporation (Villupuram) Limited, Vellore Region, Vellore - 632 009

3. The Administrator, Tamil Nadu State Transport Corporation, Employees Post Retirement Welfare Fund Scheme, Thiruvalluvar House, Pallavan Salali, Chennai - 600 002 .. Respondents in all WPs Writ Petitions filed under Article 226 of the Constitution of India to issue Writs of Mandamus, directing the respondents to disburse the payments relating to Gratuity, Communication, Leave Encashment and PRBF (Post Retirement Benefit Fund) Pension arrears by calculating D.A eligible as per newly implemented with interest at 12% per annum with effect from 01.07.2014,1/12/2014,1/1/2013,1/10/2014,1/10/2014 respectively within the stipulated time as may be fixed by the Court.

For Petitioners :

Mr.J. Pradeep in all WPs For Respondents :

Mr.P. Paramasivadoss in all WPs

COMMON ORDER The petitioners have filed the above writ petitions to issue Writs of Mandamus, directing the respondents to disburse the payments relating to Gratuity, Communication, Leave Encashment and PRBF (Post Retirement Benefit Fund) Pension arrears by calculating D.A eligible as per newly implemented with interest at 12% per annum with effect from 01.07.2014 (in respect of WP No.5227 of 2014); 01.12.2014 (in respect of W.P.No.5228 of 2016); 01.01.2013 (in respect of WP No.5229 of 2016); 01.10.2014 (in respect of W.P.Nos.5230 and 5231 of 2016) within the stipulated time as may be fixed by the Court within the stipulated time as may be fixed by this Court.

2. It is brought to the notice of this Court by the learned counsel for the petitioners that the petitioners had given representations dated 18.12.2015 (in respect of WP Nos.5227 and 5228 of 2016); 22.01.2016 (in respect of WP Nos.5229 and 5231 of 2016) and 12.12.2015 (in respect of WP No.5230 of 2015) and in this regard.

3. Mr.P. Paramasivadoss, learned counsel, taking notice for the respondents, submitted that the first respondent may be directed to consider the representations of the petitioners dated 18.12.2015, 22.01.2016 and 12.12.2015 and pass orders, on merits and in accordance with law.

4. The learned counsel for the petitioners submitted that it would be suffice if the petitioners' representations dated 18.12.2015, 22.01.2016 and 12.12.2015 are considered by the first respondent in accordance with law.

5. Having regard to the submissions made by the learned counsel on either side and taking into consideration the limited prayer sought for by the petitioner, without expressing any opinion with regard to the merits of the case, I direct the first respondent concerned to consider the petitioners' representations dated 18.12.2015 (in respect of WP Nos.5227 and 5228 of 2016); 22.01.2016 (in respect of WP Nos.5229 and 5231 of 2016) and 12.12.2015 (in respect of WP No.5230 of 2015) and pass orders, on merits and in accordance with law, within a period of four weeks from the date of receipt of a copy of this order. 6.

With the above observation, these writ petitions are disposed of. No costs.

Sd/- Assistant Registrar(CS V) //True Copy// Sub Assistant Registrar

To

1. The Managing Director, Tamil Nadu State Transport Corporation (Villupuram) Limited, Vazhuthareddy, Villupuram - 605602

2. The General Manager, Tamil Nadu State Transport Corporation (Villupuram) Limited, Vellore Region, Vellore - 632 009

3. The Administrator, Tamil Nadu State Transport Corporation, Employees Post Retirement Welfare Fund Scheme, Thiruvalluvar House, Pallavan Salali, Chennai - 600 002.

+ 1 cc to Mr.J.Pradeep, Advocate Sr 9839 (26/2/16) + 4 ccs to Mr.J.Pradeep, Advocate Sr. Nos.9835,9836, 9837, 9838 (4/3/16) W.P Nos.5227 to 5231 of 2016 ev(CO) srg(25/02/2016)