G.Umapathy v. The Managing Director
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 22.01.2025
CORAM:
THE HONOURABLE MRS. JUSTICE V.BHAVANI SUBBAROYAN W.P.No.1362 of 2025
1. G. Umapathy
2. S. Ravi
3. T.A. Palani
4. S. Mahendiran .. Petitioners
Versus
1. The Managing Director, Tamil Nadu State Transport Corporation ( Villupuram) Ltd., No.3/137, Salamedu, Kandamanadi P.O Villupuram
2. The General Manager, Tamil Nadu State Transport Corporation ( Villupuram ) Ltd, Vellore Region, Rangapuram, Vellore - 632 009.
3. The Administrator, Tamil Nadu State Transport Corporation, Employees Pension Fund Trust, No.2, Pallavan Salai, Chennai - 600 002
...Respondents
Prayer: This petition is filed under Article 226 of the Constitution of 1/6
India to issue a Writ of Mandamus, directing the respondents to pay 10% interest for the belated payment of terminal benefits such as Gratuity, Provident Fund, Leave Salary and commutation of pension amount to the petitioners and pass orders.
For Petitioners : Mr.S. T. Varadarajulu For Respondents 1 and 2 : Mr.R. Venkatesa Perumal, Standing counsel For Respondent -3 : 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 10% interest for the belated payment of terminal benefits such as Gratuity, Provident Fund, Leave Salary and commutation of pension amount to the petitioners and pass orders. 2/6
3.The case of the petitioners is that the second and fourth petitioners joined as Driver and first and third petitioners joined as Conductor in the Respondent Transport Corporation. After rendering 22 to 30 years the second and fourth petitioners retired during the year 2022 and 2018 respectively, the first and third petitioners retired on 2018 and 2022 respectively. The grievance of the petitioners are that the terminal benefits to the petitioners were settled belatedly, due to which the petitioners made a representation to the respondents during the year 2024. However, no action has been taken by the respondents till date. Hence this petition.
4.The learned counsel for the petitioners submitted that it would be suffice if this Court issues a direction to the respondents to consider the petitioners representation and pass orders.
5.The learned standing counsel appearing for the respondents submitted that the representation of the petitioners 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 petitioners 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.
22.01.2025 1/2 Speaking order : Yes/No Index : Yes/No smn 4/6
To
1. The Managing Director, Tamil Nadu State Transport Corporation ( Villupuram) Ltd., No.3/137, Salamedu, Kandamanadi P.O Villupuram
2. The General Manager, Tamil Nadu State Transport Corporation ( Villupuram ) Ltd, Vellore Region, Rangapuram, Vellore - 632 009.
3. The Administrator, Tamil Nadu State Transport Corporation, Employees Pension Fund Trust, No.2, Pallavan Salai, Chennai - 600 002 5/6
V.BHAVANI SUBBAROYAN, J.
smn W.P.No.1362 of 2025 22.01.2025 1/2 6/6