M.Sekaran v. The Managig Director,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 21.01.2025
CORAM:
THE HONOURABLE MRS. JUSTICE V.BHAVANI SUBBAROYAN M.Sekaran
...Petitioner
Vs
1. The Managing Director, Tamil Nadu State Transport Corporation (Salem) Limited, No.12, Ramakrishna Road, Salem - 636 007.
2. The General Manager, Tamil Nadu State Transport Corporation (Salem) Limited, Dharmapuri Region, Bharathipuram, Dharmapuri.
3. The Administrator, TNSTC Employees Pension Trust, Thiruvalluvar House, No.2, Pallavan Salai, Chennai - 600 0020.
...Respondents
PRAYER: Writ Petition 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, pension commutation and earned leave salary and consequently direct the 1/6
respondents to pay the unsettled benefits of leave encashment amount and 7 days salary within the stipulated time as may be fixed by this Court. For Petitioner : Mr.J.Pradeep For Respondents : Mr.K.Raja, Standing Counsel (for R1 & R2) Mr.C.S.K.Sathish, Standing Counsel (for R3)
ORDER
By consent of both parties, this writ petition is taken up for final disposal at the stage of admission itself.
2. The petitioner has filed this writ petition to issue a Writ of Mandamus directing the respondents to disburse 6% interest for belated payment of provident fund, gratuity, pension commutation and earned leave salary and consequently direct the respondents to pay the unsettled benefits of leave encashment amount and 7 days salary within the stipulated time as may be fixed by this Court.
3. The case of the petitioner is that he is retired employees from the 2/6
Respondent/Corporation. The grievance of the petitioner is that there was a delay in settling the terminal benefits and unsettled benefits of leave encashment amount and last 7 days salary. In view of the same, the petitioner had sought for payment of interest towards the terminal benefits and unsettled benefits of leave encashment amount and last 7 days salary. The petitioner in this regard made representation to the first respondent on 07.12.2024. Since the same did not evoke any response, the present Writ Petition has been filed before this Court. 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.
6. Considering the facts of the case, this Court on submission made 3/6
by either side counsel directs the respondents to consider the representation of the petitioner and pass appropriate orders and pay the eligible amount to the petitioner within a period of twelve weeks from the date of receipt of a copy of this Order. It is made clear that the amount should carry 6% interest per annum from the date on which the amount became due and payable till the date of disbursement, if the amount is not paid within the time frame fixed by this Court, the same will carry interest at the rate of 12% per annum from the date on which the amount became due and payable till the date of disbursement.
7. With the above directions, this Writ Petition stands disposed of. No order as to costs.
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To
1. The Managing Director, Tamil Nadu State Transport Corporation (Salem) Limited, No.12, Ramakrishna Road, Salem - 636 007.
2. The General Manager, Tamil Nadu State Transport Corporation (Salem) Limited, Dharmapuri Region, Bharathipuram, Dharmapuri.
3. The Administrator, TNSTC Employees Pension Trust, Thiruvalluvar House, No.2, Pallavan Salai, Chennai - 600 0020.
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V.BHAVANI SUBBAROYAN,J.
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