M. Navaneethakrishnan v. Tamil Nadu State Transport Corporation (Coimbatore) Ltd.,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 24.01.2025
CORAM:
THE HONOURABLE MRS. JUSTICE V.BHAVANI SUBBAROYAN W.P.No.2045 of 2025 M. Navaneethakrishnan ( PR No.J01442) .. Petitioner
Versus
1.Tamil Nadu State Transport Corporation (Coimbatore) Ltd., Rep by its Managing Director, 37, Mettupalayam Road, Coimbatore 43.
2.Tamil Nadu State Transport Corporations Employee's Pension Fund Trust Rep by its Administrator, Thiruvalluvar Illam, Pallavan Salai, Chennai 2.
...Respondents
Prayer: This petition is filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the respondents to pay the petitioner a sum of Rs.79,025/- towards arrears of difference in pension for the period from August 2017 to August 2019; to pay the petitioner a sum of Rs.17,892/- towards difference in earned leave and medical leave salary; to pay the petitioner a sum of Rs.18,500/- towards the amount payable under the Post Retirement Benefit Fund Scheme; to pay the 1/6
petitioner a sum of Rs.24,947/- towards surrendered earned leave wages for 45 days during his service; to pay the petitioner the amount payable under the family benefits scheme, together with at the rate of 12% per annum and to pay the petitioner interest at the rate of 12% per annum for the belated payment Rs.7,65,216/- towards PF and for the belated payment of Rs.71,145/- towards earned leave/medical leave salary, within a specified time frame, as may be fixed by this Hon'ble Court. For Petitioner : Mr.R.Krishnaswamy For Respondent 1 : Mr.C.Gauthamaraj, Standing Counsel For Respondent 2 : 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 the petitioner a sum of Rs.79,025/- towards arrears of difference in pension for the period from August 2017 to August 2019; to pay the petitioner a sum of Rs.17,892/- towards 2/6
difference in earned leave and medical leave salary; to pay the petitioner a sum of Rs.18,500/- towards the amount payable under the Post Retirement Benefit Fund Scheme; to pay the petitioner a sum of Rs.24,947/- towards surrendered earned leave wages for 45 days during his service; to pay the petitioner the amount payable under the family benefits scheme, together with at the rate of 12% per annum and to pay the petitioner interest at the rate of 12% per annum for the belated payment Rs.7,65,216/- towards PF and for the belated payment of Rs.71,145/- towards earned leave/medical leave salary within a specified time frame, as may be fixed by this Court.
3.The case of the petitioner is that the petitioner joined in the Respondent Transport Corporation as Conductor on 14.03.1987 and retired as Senior Conductor on 31.07.2017. The further case of the petitioner is that while arriving the terminal benefits the respondent have not implemented the Wages Act properly, due to which there was a monetary loss to the petitioner. Inspite the petitioner retired on 31.07.2017 his terminal benefits were settled only after a delay of 5 months. Hence, the petitioner is entitled to interest for the belated 3/6
payment made by the respondent due to which, the petitioner gave a representation to the respondents on 14.06.2024. However, no action has been taken by the respondents till date. Hence this petition. 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 they 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 and the submissions made by either side counsel, this Court directs the Respondent/Corporation to pay the eligible amount as payable to the petitioner 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 4/6
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.
24.01.2025 6/6 Speaking order : Yes/No Index : Yes/No smn To 1.The Managing Director, Tamil Nadu State Transport Corporation (Coimbatore) Ltd., 37, Mettupalayam Road, Coimbatore 43.
2.The Administrator, Tamil Nadu State Transport Corporations Employee's Pension Fund Trust, Thiruvalluvar Illam, Pallavan Salai, Chennai 2.
5/6
V.BHAVANI SUBBAROYAN, J.
smn W.P.No.2045 of 2025 24.01.2025 6/6 6/6