P.Kalaiselvan v. State Of Tamil Nadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 01.03.2016
CORAM:
THE HON'BLE MR. JUSTICE T.RAJA W.P.Nos.7517 to 7527 of 2016 P.Kalaiselvan
...Petitioner in WP.7517/2016
G.Karunamoorthy
...Petitioner in WP.7518/2016
K.Chinnaraj
...Petitioner in WP.7519/2016
A.Manickam
...Petitioner in WP.7520/2016
A.Bhasha
...Petitioner in WP.7521/2016
N.Durairaj
...Petitioner in WP.7522/2016
A.Murugesan
...Petitioner in WP.7523/2016
M.Raveendeeran
...Petitioner in WP.7524/2016
M.Radhakrishnan
...Petitioner in WP.7525/2016
L.Chinnasamy
...Petitioner in WP.7526/2016
P.Ranganathan
...Petitioner in WP.7527/2016
Vs 1.State of Tamil Nadu, represented by the Additional Chief Secretary to Government, (Chairman, Transport Corporations), Transport Department, Fort St. George, Chennai 600 009.
2.The Management of Tamil Nadu State Transport Corporation (Salem) Ltd., represented by the Managing Director, 12, Ramakrishna Road, Salem 636 007.
3.The Administrator, TNSTC Employees Pension Fund Trust, O/o.SETC HO, Thiruvalluvar House, Pallavan Salai, Chennai 600 002.
... Respondents in all the Petitions Prayer in WP.No.7517 of 2016: Writ Petition filed under Article 226 of the Constitution of India seeking a writ of mandamus directing the respondents to settle and disburse all the retirement benefits due to the petitioner including leave salary, gratuity, commuted value of pension and arrears of
revised salary, in full, together with interest at the rate of 10% per annum from the date when the payment became due till the date of payment to the petitioner, within such time as stipulated by this Court.
For petitioners :
Ms.Ramapriya Gopalakrishnan For respondents :
Mr.P.Chinnadurai, Government Advocate for R1 Mr.R.K.Gandhi for R2 and R3 C O M M ON O R D E R These writ petitions have been filed seeking a direction to the respondents to settle and disburse all the retirement benefits due to the petitioners including leave salary, gratuity, commuted value of pension and arrears of revised salary, in full, together with interest at the rate of 10% per annum from the date when the payment became due till the date of payment to the petitioners.
2.The petitioners in the writ petitions are retired employees of Tamil Nadu State Transport Corporation (Salem) Ltd. They retired from service in the year 2013-14. Till date, they have not been paid their retirement benefits including gratuity, commuted value of pension, leave salary and the arrears of revised salary payable to them. Though they have made representations in this regard, the same have not been considered till date. Therefore, they are before this Court. 3.When the matter is 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.
4.Heard the learned counsel appearing for the petitioners, the learned Government Advocate appearing for R1 and the learned counsel appearing for R2 and R3.
5.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.
6. Accordingly, these writ petitions are disposed of. No costs.
Sd/- Assistant Registrar(CS V) //True Copy// Sub Assistant Registrar vga To 1.The Additional Chief Secretary to Government, State of Tamil Nadu, (Chairman, Transport Corporations), Transport Department, Fort St. George, Chennai 600 009.
2.The Managing Director, Management of Tamil Nadu State Transport Corporation (Salem) Ltd., represented by the 12, Ramakrishna Road, Salem 636 007.
3.The Administrator, TNSTC Employees Pension Fund Trust, O/o.SETC HO, Thiruvalluvar House, Pallavan Salai, Chennai 600 002.
+2cc's to Ms.Ramapriya Gopalakrishnan, Advocate, S.R.No.12925 W.P.Nos.7517 to 7527 of 2016 KK(CO) CA(12/04/2016)