S.Stanly Jeevaraj Staff No.J02224 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.2909 of 2025 S. Stanly Jeevaraj, Staff No. J02224
...Petitioner
Vs 1The Managing Director, Tamil Nadu State Transport Corporation Ltd., 37, Mettupalayam Road, Coimbatore - 43.
2. The General Manager, Tamilnadu State Transport Corporation Ltd., Erode Region, Chennimalai Road, Erode-638 001.
3. The Administrator, Tamilnadu State Transport Corporation, Employees Pension Fund Trust, Thiruvalluvar House, Anna 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 for the belated payment of provident Fund, Gratuity, Encashment of Earned Leave, Surrender Leave, Commuted Value of pension at the 1/5
rate of 12% per annum within a specified time as may be fixed by this Hon'ble Court and pass orders.
For Petitioner : Mr.N. Palani Kumar For Respondents1 & 2 : Mr.M. Murali Vinodh Standing Counsel For Respondent-3 : 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 for the belated payment of provident Fund, Gratuity, Encashment of Earned Leave, Surrender Leave, Commuted Value of pension at the rate of 12% per annum within a specified time as may be fixed by this Court and pass orders.
3.The case of the petitioner is that the petitioner joined the Respondent Corporation as Tradesman and after completion of about 30 years of service he retired from the service on 31.03.2023 as Senior 2/5
Tradesman. Inspite the petitioner retired on 31.03.2023 his terminal benefits was settled only on 30.10.2024. Hence, the petitioner is entitled to interest for the belated payment made by the respondent due to which, the petitioner gave a representation to the respondents on 21.11.2024. 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 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 12/18 Index:Yes/No Speaking order/Non-speaking order smn To 1.The Managing Director, Tamil Nadu State Transport Corporation (Coimbatore) Ltd., 37, Mettupalayam Road, Coimbatore - 43.
2. The General Manager, Tamilnadu State Transport Corporation Ltd., Erode Region, Chennimalai Road, Erode-638 001.
3. The Administrator, Tamilnadu State Transport Corporation, Employees Pension Fund Trust, Thiruvalluvar House, Anna Salai, Chennai 600 002.
4/5
V.BHAVANI SUBBAROYAN,J.
Smn W.P.No.2909 of 2025 29.01.2025 12/18 5/5