K.Thirunavukkarasu v. The Managing Director
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 28.01.2025
CORAM:
THE HONOURABLE MRS. JUSTICE V.BHAVANI SUBBAROYAN K.Thirunavukkarasu
...Petitioner
Vs
1. The Managing Director, Tamil Nadu State Transport Corporation (VPM) Ltd., 3/137 Salamedu, Kancheepuram Region, Valuthareddy - Post, Villupuram - 605 602.
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 on the belated payment of terminal benefits namely such as provident fund amount, gratuity, commutation of pension amount and leave salary amount to the petitioner at the rate of 6% per annum, for the period from (28.02.2023) the date of retirement to till the date of actual disbursement within a time frame.
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For Petitioner : Mr.V.S.Jagadeesan For Respondent : Mr.R.Venkatesa Perumal, 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 on the belated payment of terminal benefits, namely, such as provident fund amount, gratuity, commutation of pension amount, and leave salary amount to the petitioner at the rate of 6% interest per annum, for the period from (28.02.2023), the date of retirement, till the date of actual disbursement, within a time frame.
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3. The case of the petitioner is that the petitioner joined the Respondent/Transport Corporation and retired as Special Grade Conductor on 28.02.2023. After retirement, the terminal benefits were not settled in time. In view of the same, the petitioner had sought for payment of interest towards the delay in terminal benefits such as provident fund amount, gratuity, commutation of pension amount, and leave salary amount. The petitioner in this regard made representation to the respondents on 31.12.2024. 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.
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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 (VPM) Ltd., 3/137 Salamedu, Kancheepuram Region, Valuthareddy - Post, Villupuram - 605 602.
2. The Administrator, Tamil Nadu State Transport Corporation Employees Pension Fund Trust, Thiruvalluvar House, Pallavan Salai, Chennai - 600 002.
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V.BHAVANI SUBBAROYAN,J.
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