K. Mani v. Tamil Nadu State Transport Corporation (Salem) Ltd.,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 10.01.2025

CORAM:

THE HONOURABLE MRS. JUSTICE V.BHAVANI SUBBAROYAN W.P.No.655 of 2025 K.Mani(MCR036) .. Petitioner

Versus

1.Tamil Nadu State Transport Corporation (Salem) Ltd., Rep by its The Managing Director, No.12, Ramakrishna Road, Salem - 7.

2.Tamil Nadu State Transport Corporations Employee's Pension Fund Trust Rep by its Administrator, Thiruvalluvar Illam, 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 pay interest to the petitioner for the belated payment of his PF, gratuity, earned leave salary and commuted value of pension at the rate of 12% per annum, within a specified time as may be fixed by this Court. 1/5

For Petitioner : Mr.R.Krishnaswamy For Respondent 1 : Mr.K.Raja, Standing Counsel For Respondent 2 : 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 pay the petitioner interest for the belated payment of his PF, gratuity, earned leave salary and commuted value of pension at the rate of 12% per annum, within a specified time as may be fixed by this Court.

3.The case of the petitioner is that the petitioner joined the Respondent Transport Corporation as Cook on 12.12.1984 and retired as Cook Level6 on 11.12.2022. Inspite the petitioner retired on 2/5

11.12.2022 his terminal benefits were settled only on 30.10.2024. 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 14.11.2024. 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.

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 3/5

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.

10.01.2025 7/7 Speaking order : Yes/No Index : Yes/No smn To 1.The Managing Director, Tamil Nadu State Transport Corporation (Salem) Ltd., No.12, Ramakrishna Road, Salem - 7.

2.The Administrator, Tamil Nadu State Transport Corporations 4/5

Employee's Pension Fund Trust Thiruvalluvar Illam, Pallavan Salai, Chennai 600 002.

V.BHAVANI SUBBAROYAN, J.

smn W.P.No.655 of 2025 10.01.2025 7/7 5/5