N. Arunachalam, v. The Management Of

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated:21.07.2015 C O R A M THE HONOURABLE MR. JUSTICE S.VAIDYANATHAN Writ Petition (MD) Nos.9554 and 9555 of 2015 W.P.(MD)No.9554 of 2015 N.Arunachalam ...

Petitioner Vs 1.The Management of Tamilnadu State Transport Corporation (Kumbakonam)Ltd., Trichy Region, represented by its General Manager, Trichy.

2.The Administrator, Tamil Nadu State Transport Employees Pension Fund Trust, Thiruvalluvar Illam, Anna Salai, Chennai-2.

...

Respondents W.P.(MD)No.9555 of 2015 K.Bhoopathi ...

Petitioner Vs 1.The Management of Tamilnadu State Transport Corporation (Kumbakonam)Ltd., Trichy Region, represented by its General Manager, Trichy.

2.The Administrator, Tamil Nadu State Transport Employees Pension Fund Trust, Thiruvalluvar Illam, Anna Salai, Chennai-2.

...

Respondents COMMON PRAYER:

Petitions filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, to direct the first respondent to pay the arrears of wages

and arrears of leave salary to the petitioner and also directing both respondents to pay him arrears of pension for the months of May and June, 2011, by revising his monthly wages from January 2011 based on the enhanced dearness allowance as per G.O.No.98 dated 28.03.2011, Finance (Allowance) Department, Government of Tamilnadu, along with 16% interest p.a. for the delayed payment within the stipulated time.

For Petitioner in both petitions ...

Mr.S.Arunachalam For Respondents in both petitions ...

Mr.D.Sivaraman COMMON ORDER Both the Writ Petitions have been filed, praying for issuance of a Writ of Mandamus, to direct the first respondent to pay the arrears of wages and arrears of leave salary to the petitioner and also directing both respondents to pay him arrears of pension for the months of May and June, 2011, by revising his monthly wages from January 2011 based on the enhanced dearness allowance as per G.O.No.98 dated 28.03.2011, Finance (Allowance) Department, Government of Tamilnadu, along with 16% interest p.a. for the delayed payment within the stipulated time.

2.Heard the learned Counsel for the petitioners and the learned Counsel appearing for the respondents.

3. When the matter is taken up for hearing, it is represented by the learned Counsel for the petitioners that the calculation statements issued by the Tamil Nadu State Transport Corporation, Kumbakonam Limited, Trichy Region is correct and that the petitioners are willing to accept the amounts therein. However, the learned Counsel for the petitioners prayed that the interest at the rate of 6% as ordered by the Division Bench of this Court in W.A. (MD)Nos.383 to 457 of 2015, dated 12.06.2015 may be extended to the petitioners also.

4.Though the payment of interest could not be refuted by Mr.D.Sivaraman, learned Counsel appearing for the respondents, it is submitted by him that the Transport Corporation may be given time to pay the amount in instalments as per order of this Court. 5.Taking note of the above submissions of both parties, the Transport Corporation shall pay interest at 6% for the calculated amount mentioned in the statements given by the respondent/Transport Corporation, dated 14.07.2015, as per the order of the Division Bench of this Court, in ten equal monthly instalments and the first instalment could commence from first September 2015. Since the learned Counsel for the petitioners also submitted that the amount

mentioned in the letter dated 14.07.2015 of the Transport Corporation addressed to Mr.D.Sivaraman, learned Counsel appearing for the respondents, would be the full and final settlement, the petitioners could not claim any further amount whatsoever against the Transport Corporation.

6.With the above directions, both the Writ Petitions stand disposed of. No costs.

Sd/- Assistant Registrar(RTI) /TRUE COPY/ Sub Assistant Registrar To 1.The Management of Tamilnadu State Transport Corporation (Kumbakonam)Ltd., Trichy Region, represented by its General Manager, Trichy.

2.The Administrator, Tamil Nadu State Transport Employees Pension Fund Trust, Thiruvalluvar Illam, Anna Salai, Chennai-2.

+2 CC to Mr.D.Sivaraman, Advocate, SR39797 +2 cc to Mr.D.Sivaraman, Advocate, SR39796 +1 CC to M/s.S.Arunachalam, Advocate, SR40209 +1 CC to M/s.S.Arunachalam, Advocate, SR40210/15 ssl SH:29.07.2015:P3/9C Writ Petition (MD) Nos.9554 and 9555 of 2015 21.07.2015