Jayapandian (Pay Roll No. 13221) v. Tamilnadu State Transport Corporation (Coimbatre) Ltd
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 29.01.2025
CORAM:
THE HONOURABLE MRS. JUSTICE V.BHAVANI SUBBAROYAN W.P.No.2983 of 2025 Jayapandian(Pay Roll No.13221)
...Petitioner
Vs The Tamil Nadu State Transport Corporation(Coimbatore) Ltd., Rep by its The Managing Director, 37, Mettupalayam Road, Coimbatore - 43.
...Respondent
PRAYER: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondents to pay interest to the petitioner for the belated payment of his terminal benefits, namely the PF, surrender leave salary, gratuity and the earned leave salary, at the rate of 12% per annum to pay the petitioner a sum of Rs.44,778/-towards the difference in arrears of gratuity and to pay a sum of Rs.18,500/- towards the STERBS Fund, together with interest at the rate of 12% within a specified time as may be fixed by this Hon'ble Court and pass orders.
For Petitioner : Mr.R. Krishnasamy For Respondents : Mr.C. Gauthamaraj Standing Counsel 1/5
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 to the petitioner for the belated payment of his terminal benefits, namely the PF, surrender leave salary, gratuity and the earned leave salary, at the rate of 12% per annum to pay the petitioner a sum of Rs.44,778/-towards the difference in arrears of gratuity and to pay a sum of Rs.18,500/- towards the STERBS Fund, together with interest at the rate of 12% 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 Conductor on 08.07.1987 and after completion of about 36 years of service he retired from the service on 31.03.2023 as Special Grade Conductor. Inspite of 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 2/5
by the respondent due to which, the petitioner gave a representation to the respondents on 18.12.2024. 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 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. 3/5
7.With the above directions, this Writ Petition stands disposed of. No order as to costs.
29.01.2025 1/7 Index:Yes/No Speaking order/Non-speaking order smn To The Managing Director, The Tamil Nadu State Transport Corporation(Coimbatore) Ltd., 37, Mettupalayam Road, Coimbatore - 43.
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V.BHAVANI SUBBAROYAN,J.
Smn W.P.No.2983 of 2025 29.01.2025 1/7 5/5