R. Selvakumar v. The Managing Director
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 09.01.2025
CORAM:
THE HONOURABLE MRS. JUSTICE V.BHAVANI SUBBAROYAN W.P.No.669 of 2025 R.Selvakumar .. Petitioner
Versus
1.The Managing Director Tamil Nadu State Transport Corporation (Salem) Ltd., No.12, Ramakrishna Road, Salem 636 007.
2.The General Manager Tamil Nadu State Transport Corporation (Salem) Ltd., Dharmapuri Region, Bharathipuram, Dharmapuri.
3.The Administrator, TNSTC Employees Pension Trust, Thiruvalluvar House, No.2, Pallavan Salai, Chennai 600 002.
...Respondents
Prayer: This petition is filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the respondents to disburse the 6% interest for belated payment of Provident Fund, Gratuity and 1/6
consequently direct the respondents to pay the unsettled benefits of leave encashment amount, ERBS amount and last 11 days salary within the stipulated time as may be fixed by this Hon'ble Court. For Petitioner : Mr.J.Pradeep For Respondents : Mr.K.Raja, 1 & 2 Standing Counsel For Respondent : Mr.C.S.K.Sathish Standing Counsel
ORDER
By consent of both parties, this writ petition is taken up for final disposal at the stage of admission itself.
2. This writ petition is filed seeking to issue a Writ of Mandamus, directing the respondents to disburse the 6% interest for belated payment of Provident Fund, Gratuity and consequently direct the respondents to pay the unsettled benefits of leave encashment amount, ERBS amount and last 11 days salary within the stipulated time as may be fixed by this Court.
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3.The case of the petitioner is that the petitioner joined the Respondent Transport Corporation as conductor on 07.03.1992 and retired as Special Grade Conductor on 31.05.2022. Inspite the petitioner retired on 31.05.2022 his terminal benefits were settled only on 22.05.2023. Hence, the petitioner is entitled to interest for the belated payment made by the respondent due to which, the petitioner gave a representation to the respondents on 24.12.2024. However, no action has been taken by the respondents till date. Hence this petition. 4.The learned counsel for the petitioner submitted that it would be suffice if this Court issues a direction to the respondents to consider the petitioner's representation and pass orders.
5.The learned standing counsel appearing for the respondents submitted that the representation of the petitioner will be considered and will pay the eligible amount with 6% interest P.A as per the earlier orders of this Court.
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6.Considering the facts of the case and the submissions made by either side counsel, this Court directs the Respondent/Corporation to pay the eligible amount as payable to the petitioner along with interest at the rate of 6% per annum for the delay period in settling the said amount. This payment shall be made within a period of eight weeks from the date of receipt of a copy of this order. It is made clear that if the amount is not paid within the time frame fixed by this Court, it will fetch an interest at the rate of 12% per annum from the date on which the amount became due and payable till the date of actual disbursement. 7.With the above directions, this Writ Petition stands disposed of. No order as to costs.
09.01.2025 Speaking order : Yes/No Index : Yes/No smn 4/6
To 1.The Managing Director Tamil Nadu State Transport Corporation (Salem) Ltd., No.12, Ramakrishna Road, Salem 636 007.
2.The General Manager Tamil Nadu State Transport Corporation (Salem) Ltd., Dharmapuri Region, Bharathipuram, Dharmapuri.
3.The Administrator, TNSTC Employees Pension Trust, Thiruvalluvar House, No.2, Pallavan Salai, Chennai 600 002.
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V.BHAVANI SUBBAROYAN, J.
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