Madras High Court
T.Pannerselvam vs The Managing Director on 18 November, 2016
Author: R.Subbiah
Bench: R.Subbiah
IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 18.11.2016 CORAM THE HONOURABLE MR.JUSTICE R.SUBBIAH W.P.Nos.40598 to 40600 of 2016 T.Pannerselvam ...Petitioner in W.P.No.40598/2016 R.Janarthanan ...Petitioner in W.P.No.40599/2016 K.Ramadass ...Petitioner in W.P.No.40600/2016 Vs. The Managing Director, Tamil Nadu State Transport Corporation Ltd., Villupuram Kottam, Saalamedu, Valutha Reddy, Villupuram District. ... Respondents in all W.Ps Prayer in W.P.40598 & 40599 of 2016 : Petitions filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondent to settle the entire retirement benefits of the petitioner i.e. Gratuity amount, leave encashment (EL) and other benefits and enhanced dearness allowances along with 18% interest on delayed payment from 01.07.2013 to till the date of disbursement of the terminal benefits to the petitioner. Prayer in W.P.40600 of 2016 : Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondent to settle the entire retirement benefits of the petitioner i.e. Gratuity amount, leave encashment (93 days), medical leave (245 days) and other benefits and enhanced dearness allowances along with 18% interest on delayed payment from 01.07.2013 to till the date of disbursement of the terminal benefits to the petitioner. For Petitioner in all W.Ps : Mr.Y.George Williams For Respondents in all W.Ps : Mr.S.Sairaman C O M M O N O R D E R
By consent, both the writ petitions are taken up for final disposal. Since the issue involved in all these petitions is related to each other, they are disposed of by a common order.
2. The writ petitions have been filed seeking Mandamus directing the respondents to settle the retirement benefits, due to the petitioners, with interest, within the time that may be stipulated by this Court.
3.The petitioners are the retired employees of the respondent Corporation and they were not paid the retirement benefits due to them, fully. Hence, the petitioners made representation to the respondents requesting to pay all the retirement benefits. But, the same have not been considered so far. Hence, left with no other alternative, the petitioners have come up with the present writ petitions for the relief set out earlier.
4.I have heard the learned counsel appearing for the petitioners and the learned counsel who takes notice for the respondents.
5.The issue involved in the present writ petitions is squarely covered by the judgment of the Division Bench of the Madurai Bench of this Court dated 12.6.2015 made in W.A.(MD) Nos.383 to 457 of 2015 (K.Rajendran & Others vs. The Tamil Nadu State Transport Corporation (Madurai) Limited, rep. by its Managing Director, Madurai and others).
6.Following the said judgment, without going into the merits of the matter, the respondents are directed to disburse the aforementioned retiral benefits to the petitioner herein, in twelve equal monthly instalments, in the light of the common judgment passed by this Court in W.A.(MD) Nos.383 to 457 of 2015 (K.Rajendran & R.SUBBIAH,J.
mrp Others vs. The Tamil Nadu State Transport Corporation (Madurai) Limited, rep. by its Managing Director, Madurai and others), dated 12.06.2015. It is also made clear that the first instalment shall commence from 01.02.2017.
7.With the above direction, the present writ petitions are disposed of. No costs. 18.11.2016 mrp Index: Yes/ No Internet: Yes/ No To The Managing Director, Tamil Nadu State Transport Corporation Ltd., Villupuram Kottam, Saalamedu, Valutha Reddy, Villupuram District.
W.P.Nos. 40598 to 40600 of 2016 http://www.judis.nic.in