T.Sambandam v. The Managing Director
In the High Court of Judicature at Madras Dated: 11.03.2016 Coram:
The Honourable Mr.Justice T.RAJA Writ Petition Nos.7109 to 7114 of 2016 T.Sambandam ...
Petitioner W.P.No.7109 of 2016 N. Maheswari ...
Petitioner W.P.No.7110 of 2016 M. Murugesan ...
Petitioner W.P.No.7111 of 2016 G. Tharaneedharan ...
Petitioner W.P.No.7112 of 2016 R. Pauliah ...
Petitioner W.P.No.7113 of 2016 K. Veeraiah ...
Petitioner W.P.No.7114 of 2016
Versus
The Managing Director Tamilndu State Transport Corporation (Villupuram) Ltd. Vazhuthareddy Villupuram 605 602 ...1st Respondent in all the Writ petitions The General Manager Tamilndu State Transport Corporation (Villupuram) Ltd. Vazhuthareddy Villupuram 605 602 ...2nd Respondent in W.P.7109, 7112 of 2016 The General Manager Tamilnadu State Transport Corporation(Villupuram) Ltd., Vellore Region Vellore- 632 009 ...2nd Respondent in W.P.7110, 7114 of 2016 The General Manager Tamilnadu State Transport Corporation(Villupuram) Ltd., Thiruvannamali Region Thiruvannamalai ...2nd Respondent in W.P.7111 and 7113/16 3 The Administrator Tamilndu State Transport Corporation Employees Post Retirement Welfare Fund Scheme Thiruvalluvar House, Pallavan Salai Chennai-2 ....3rd Respondent in W.P.7109, 7110, 7112, 7113 and 7114/16
Common Prayer in W.P.Nos.7109, 7110, 7113 and 7114 of 2016 Writ Petitions are filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus directing the respondents to disburse the payments relating to Gratuity, Commutation, Leave Encashment and calculating D.A. eligible as per newly implemented, with interest at 12% per annum with effect from 01.08.2013, 1.5.2014, 1.7.2014 and 1.10.2015 respectively within the stipulated time as may be fixed by this Honourable Court.
Prayer in W.P.7111 of 2016 Writ petition filed under Article 226 of the constitution of India praying for the issuance of a writ of mandamus directing the respondents to disburse the payments relating to Gratuity Leave Encashment and calculating D.A. eligible as per newly implemented with interest at 12% per annum with effect from 1.10.2013 within the stipulated time as may be fixed by this Honourable court.
Prayer in W.P.7112 of 2016 :_ Writ petition filed under Article 226 of the constitution of India praying for issuance of writ of mandamus directing the respondents to disburse the payments relating to Gratuity Commutation Leave Encashment and calculating by as per 12(3) settlement from 01.09.2013 Increasing Basic pay + Grade pay and D.A. eligible as per newly implemented with interest at 12% per annum within the stipulated time as may be fixed by this Honourable Court. For Petitioner in all W.Ps.
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Mr.J.Pradeep For Respondents in all W.Ps. ..
Mr.P.Paramasivadoss COMMON ORDER The petitioner in W.P.No.7109 of 2016 Mr.T.Sambandam, who joined as Junior Assistant Trainee and confirmed as Junior Assistant and then promoted as Superintendent in the Transport Corporation, retired from Service with effect from 31.08.2014. But his terminal benefits, like Gratuity, Pension Commutation, Leave Encashment and D.A. Arrears have not been disbursed. Therefore, the petitioner has given representation. As there is no response to his representation, he has come to this Court with the present Writ Petition.
2. When the Writ Petitions are taken up today for hearing, learned counsel appearing for the petitioners brought to the notice of this Court the common judgment dated 12.06.2015 passed by the Madurai Bench of this Court in W.A.(MD) Nos.383 to 457 of 2015 wherein under similar circumstances, the respondentCorporation undertook to pay the amount due and payable in twelve equal monthly instalments. He would further submit that
following the same, this Court has passed similar orders in several Writ Petitions. Accordingly, he would pray that a similar order may be passed in these Writ Petitions also.
3. Heard the learned counsel for the petitioners and Mr.P.Paramasivadoss, learned counsel appearing for the respondents in all the Writ Petitions.
4. Considering the facts and circumstances of the cases and in view of the earlier orders passed by this Court in similar circumstances, without going into the merits of the matters, the respondents 1 and 2 are directed to consider and dispose of the representations submitted by each of the petitioners on merits and in accordance with law, in the light of the common judgment passed by this Court in W.A.(MD) Nos.383 to 457 of 2015 dated 12.06.2015, within a period of four weeks from the date of receipt of a copy of this order and communicate the decision taken to all the petitioners.
5.
The Writ Petitions are disposed of accordingly. No costs.
Sd/- Asst.Registrar (CS III ) /true copy/ Sub Asst. Registrar mra To 1 The Managing Director Tamilndu State Transport Corporation (Villupuram) Ltd. Vazhuthareddy Villupuram 605 602 2 The General Manager Tamilndu State Transport Corporation (Villupuram) Ltd. Vazhuthareddy Villupuram 605 602 3 The Administrator Tamilndu State Transport Corporation Employees Post Retirement Welfare Fund Scheme Thiruvalluvar House, Pallavan Salai Chennai-2
4.The General Manager Tamilnadu State Transport Corporation(Villupuram) Ltd., Vellore Region Vellore- 632 009
5. The General Manager Tamilnadu State Transport Corporation(Villupuram) Ltd., Thiruvannamali Region Thiruvannamalai 6 ccs to Mr.J. Pradeep, Advocate, Sr. 15859 to 15864 Writ Petition Nos.7109 to 7114 of 2016 BVR (CO) kk 15/4