S.Balagurunathan v. The Managing Director
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 21.01.2025
CORAM:
THE HONOURABLE MRS. JUSTICE V.BHAVANI SUBBAROYAN S.Balagurunathan
...Petitioner
Vs
1. The Managing Director, Tamil Nadu State Transport Corporation (Villupuram) Ltd., No. 3/137, Salamedu, Villupuram - 605 602.
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, Thiruvalluvar Illam, 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 revise the petitioner's wages with effect 01.09.2019 based on the 14th wage 1/6
settlement dated 24.08.2022 and pay him the difference in leave salary, gratuity and arrears of pension from 12.09.2020 to 28.02.2023 along with the interest at the rate of 12% per annum from the date of entitlement to till the date of actual disbursement within a time limit to be stipulated by this Court.
For Petitioner : Mr.J.Lakshminarayanan For Respondents : Mr.R.Venkatesa Perumal, 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 revise the petitioner's wages with effect 01.09.2019 based on the 14th wage settlement dated 24.08.2022 and pay him the difference in leave salary, gratuity and arrears of pension from 12.09.2020 to 28.02.2023 along with the interest at the rate of 12% 2/6
per annum from the date of entitlement to till the date of actual disbursement within a time limit to be stipulated by this Court.
3. The case of the petitioner is that they are retired employees from the Respondent/Corporation. The grievance of the petitioner is that the terminal benefits of the petitioner has not been fully settled. Since the representation of the petitioner dated 03.01.2024 did not evoke any response, the present writ petition has been filed seeking for the aforesaid relief.
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, 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 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 (Villupuram) Ltd., No. 3/137, Salamedu, Villupuram - 605 602.
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, Thiruvalluvar Illam, Pallavan Salai, Chennai - 600 002.
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V.BHAVANI SUBBAROYAN,J.
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