T.S.Balakrishnan v. The Managing Director

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 28.01.2025

CORAM:

THE HONOURABLE MRS. JUSTICE V.BHAVANI SUBBAROYAN T.S.Balakrishnan

...Petitioner

Vs

1. The Managing Director, Tamil Nadu State Transport Corporation (Salem) Limited, No.12, Ramakrishna Road, Salem - 636 007.

2. The Administrator, Tamil Nadu State Transport Corporation Employees Pension Fund Trust, Thiruvalluvar House, Pallavan Salai, Chennai - 600 002.

...Respondents

PRAYER: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the respondents to pay interest at the rate of 6% per annum for the delayed payment of provident fund, earned leave salary, gratuity and commutation from the date of retirement to till the date of payment to the petitioner within the time stipulated by this Court.

1/6

For Petitioner : Mr.L.Ramanathan For Respondents : Mr.K.Raja, Standing Counsel (for R1) Mr.C.S.K.Sathish, Standing Counsel (for R2)

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 pay interest at the rate of 6% per annum for the delayed payment of provident fund, earned leave salary, gratuity, and commutation from the date of retirement till the date of payment to the petitioner, within the time stipulated by this Court.

3. The case of the petitioner is that he joined the Respondent/Transport Corporation as a Driver on 13.09.1988 and retired as Special Grade Driver on 31.03.2023. After retirement, the terminal benefits were not settled in time. In view of the same, the petitioner had 2/6

sought for payment of interest towards the delay in terminal benefits such as provident fund, earned leave salary, gratuity and commutation. The petitioner in this regard made representation to the respondents on 25.12.2024. 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 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 3/6

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.

28.01.2025 Index:Yes/No Speaking order/Non-speaking order kv 4/6

To

1. The Managing Director, Tamil Nadu State Transport Corporation (Salem) Limited, No.12, Ramakrishna Road, Salem - 636 007.

2. The Administrator, Tamil Nadu State Transport Corporation Employees Pension Fund Trust, Thiruvalluvar House, Pallavan Salai, Chennai - 600 002.

5/6

V.BHAVANI SUBBAROYAN,J.

kv 28.01.2025 6/6