R.Periyasamy v. The Additional Chief Secretary

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 20.01.2023

CORAM

THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH W.P No.1352 of 2023 R.Periyasamy Petitioner vs.

1.The Additional Chief Secretary, Transport Department cum Chairman, Tamil Nadu State Transport Corporation (VPM) Ltd., Fort St. George, Chennai - 600 009.

2.The Managing Director, Tamil Nadu State Transport Corporation (VPM) Ltd., Vauztha Reddy Post, Villupuram - 605 401.

3.The Administrator, Tamil Nadu State Transport Corporation Employees' Pension Fund Trust, Pallavan Salai, Chennai - 600 002.

Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, direct the respondents 1 and 2 to pay the interest at the rate of 18 % per annum for the belated payment of the gratuity, leave surrender, Commutation Amount and other terminal benefits to the petitioner for his service rendered in the respondent Corporation within the stipulated time as may be fixed by this Court.

For Petitioner : Mr.P.Paramasiva Doss For Respondents : Mr.R.Venkatesaperumal Standing Counsel fo R1 & R2 Mr.C.S.K.Sathish Standing Counsel for R3

O R D E R

This writ petition has been filed for issue of writ of mandamus directing the 1st and 2nd respondents to pay interest to the petitioner for the belated payment of the Gratuity, Leave Surrender, Commutation amount and other terminal benefits.

2.The case of the petitioner is that he was working as a Conductor in the Transport Corporation and he attained superannuation and retired from service during December, 2019. The retirement terminal benefits were not settled to the petitioner and there was a substantial delay in settling the benefits. In view of the same, the petitioner made several representations to the respondent Corporation seeking for interest for the delayed settlement of the retirement benefits. Since the same was not considered, the present writ petition has been filed before this Court seeking for appropriate directions.

3.Heard Mr.P.Paramasiva Doss, learned counsel appearing on behalf of the petitioner, Mr.R.Venkatesaperumal, learned Standing Counsel appearing on behalf of respondents 1 and 2 and Mr.C.S.K.Sathish, learned Standing Counsel appearing on behalf of the 3rd respondent.

4.Taking into consideration the limited relief sought in the present writ petition and without going into the merits of the case, there shall be a direction to the 2nd respondent to consider the representation made by the petitioner on 20.12.2022 and deal with the same on its own merits and in accordance with law and take a final decision, within a period of six weeks from the date of receipt of copy of this order. The petitioner is directed to make a fresh representation to the 2nd respondent along with all the relevant documents and also a copy of this order.

5.This writ petition is disposed of with the above direction. No Costs. 20.01.2023 Index : Yes/No Internet : Yes/No Speaking Order/Non-Speaking Order : Yes/No ssr

N. ANAND VENKATESH, J.

ssr To 1.The Additional Chief Secretary, Transport Department cum Chairman, Tamil Nadu State Transport Corporation (VPM) Ltd., Fort St. George, Coimbatore - 600 009.

2.The Managing Director, Tamil Nadu State Transport Corporation (VPM) Ltd., Vauztha Reddy Post, Villupuram - 605 401.

3.The Administrator, Tamil Nadu State Transport Corporation Employees' Pension Fund Trust, Pallavan Salai, Chennai - 600 002.

W.P No.1352 of 2023 20.01.2023