P.Sekar Sel.G.Dri St.No. 42295(Retired), v. The Managing Director,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 29.01.2025
CORAM:
THE HONOURABLE MRS. JUSTICE V.BHAVANI SUBBAROYAN W.P.No.2440 of 2025 P. Sekar Sel.G.Dri St.No.42295 (Retired)
...Petitioner
Vs
1. The Managing Director, Tamilnadu State Transport Corporation ( Villupuram) Ltd., No.3/137 Salamedu, Kancheepuram Region, Valuthareddy Post,Villupuram 605 602.
2. The Administrator, Tamilnadu 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 and pass orders. 1/5
For Petitioner : Mr.V.S. Jagadeesan For Respondent- 1 : Mr.R, Venkatesa Perumal 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.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% per annum for the period from ( 28.02.203) the date of retirement to till the date of actual disbursement within a time frame and pass orders.
3.The case of the petitioner is that the petitioner after rendering 23 years of service in the Respondent Transport Corporation, retired on 28.02.2023. Inspite of the petitioner retired on 28.02.2023 his terminal benefits was settled on 30.10.2024 and 01.11.2024. Hence, the petitioner 2/5
is entitled to interest for the belated payment made by the respondent due to which, the petitioner gave a representation to the respondents on 10.01.2025 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 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 of receipt of a copy of this order. It is made clear that if the amount is not 3/5
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.
29.01.2025 1/2 Index:Yes/No Speaking order/Non-speaking order smn To
1. The Managing Director, Tamilnadu State Transport Corporation ( Villupuram) Ltd., No.3/137 Salamedu, Kancheepuram Region, Valuthareddy Post,Villupuram 605 602.
2. The Administrator, Tamilnadu State Transport Corporation, Employees Pension Fund Trust, Thiruvalluvar House, Pallavan Salai, Chennai 600 002.
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V.BHAVANI SUBBAROYAN,J.
Smn W.P.No.2440 of 2025 29.01.2025 1/2 5/5