← Library
Madras High CourtWP/7423/2016disposed of

V.Selvaraj v. The Managing Director

2016-03-01Honourable Mr Justice T.Raja4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 01.03.2016

CORAM:

THE HON'BLE MR. JUSTICE T.RAJA W.P.Nos.7423 to 7425 of 2016 V.Selvaraj .. Petitioner in W.P.No.7423 of 2016 G.Gajendiran .. Petitioner in W.P. No.7424 of 2016 V.Kandasamy .. Petitioner in W.P. No.7425 of 2016 Vs.

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, Vellore Region, Vellore-632 009.

3.The Administrator, Tamil Nadu State Transport Corporation Employees Post Thiruvalluvar House, Pallavan Salai, Chennai 600 002.

.. Respondents in W.P. No.7423 and 7424 of 2016 1.The Managing Director, Tamil Nadu State Transport Corporation (Salem) Limited, No.12, Ramakrishna Road, Salem-636 007.

2.The Administrator, Thiruvalluvar House, Pallavan Salai, Chennai 600 002. .. Respondents in W.P.No.7425 of 2016

Prayer in W.P. No.7423 of 2016: Writ Petition filed under Article 226 of the Constitution of India seeking a writ of mandamus directing the respondents to disburse the payments relating to gratuity, commutation and leave encashment, by calculating D.A. eligible as per newly implemented, with interest at 12% per annum with effect from 01.05.2014 within the stipulated time as may be fixed by this Court. Prayer in W.P. No.7424 of 2016: Writ Petition filed under Article 226 of the Constitution of India seeking a writ of mandamus directing the respondents to disburse the payments relating to gratuity, commutation and leave encashment and calculating D.A. eligible as per newly implemented, with interest at 12% per annum with effect from 01.10.2014 within the stipulated time as may be fixed by this Court. Prayer in W.P. No.

7425 of 2016: Writ Petition filed under Article 226 of the Constitution of India seeking a writ of mandamus directing the respondents to disburse the payments relating to Provident Fund, gratuity, commutation, Earned leave encashment at the time of retirement, medical leave encashment at the time of retirement at credit as on 01.09.1998, Family Welfare Fund, Earned leave and leave encashment amount from the year 2009 to 2015, IRT contribution, D.A. Arrear amount, Group Insurance amount, ERPF pension arrear amount by calculating D.A. eligible as per newly implemented, with interest at 12% per annum with effect from 01.08.2015 within the stipulated time as may be fixed by this Court.

For petitioners in all cases : Mr.J.Pradeep For respondents in all cases : Mr.P.Paramasivadoss C O M M ON O R D E R The petitioners in the writ petitions are retired employees of Tamil Nadu State Transport Corporation (Villupuram and Salem respectively) Ltd. They retired from service in the year 30.04.2014, 30.09.2014 and 31.07.2015. Till date, they have not been paid their retirement benefits, payable to them. Though they have made representations dated 12.02.2016, 16.02.2016 and 15.02.2016 in this regard, the same have not been considered till date. Therefore, they are before this Court. 2.When the matters 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 respondent-Corporation 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 appearing for the petitioners and the learned counsel appearing for respondents. 4.Considering the facts and circumstances of the case and in view of the earlier orders passed by this Court in similar circumstances, without going into the merits of the matter, the respondents are directed to consider and dispose of the representations submitted by 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 the petitioners.

5.Accordingly, these writ petitions are disposed of. No costs.

vga Sd/- Asst.Registrar /true copy/ Sub Asst. Registrar To 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, Vellore Region, Vellore-632 009.

3.The Administrator, Thiruvalluvar House, Pallavan Salai, Chennai 600 002.

4.The Managing Director, Tamil Nadu State Transport Corporation (Salem) Limited, No.12, Ramakrishna Road, Salem-636 007.

5.The Administrator, Thiruvalluvar House, Pallavan Salai, Chennai 600 002.

+ 3 ccs to Mr.J.Pradeep, Advocate Sr 13114, 13115, 13116 + 1 cc to Mr.P.Paramasivadoss, Advocate Sr 13332 KR/12/4/16 W.P.Nos.7423 to 7425 of 2016