R.Gopal Staff No.J013023 v. The Managing Director

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 31.01.2025

CORAM:

THE HONOURABLE MRS. JUSTICE V.BHAVANI SUBBAROYAN R.Gopal .. Petitioner

Versus

1.The Managing Director, Tamil Nadu State Transport Corporation Ltd, 37, Mettupalayam Road, Coimbatore-43.

2.The General Manager, Tamil Nadu State Transport Corporation Ltd, Erode Region, Chennimalai Road, Erode-638 001.

3.The Administrator, Tamil Nadu State Transport Corporation EPF Trust, Thiruvalluvar House, Anna 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 difference/arrears of wages for the period from 01.09.2010 as per the GO(Ms).No.61 dated 30.04.2015 and also terminal benefits namely Gratuity, Pension arrears and encasement of leave after revising the 1/6

same, based on the scale of pay payable to the petitioner along with 12% interest p.a. Within a time frame fixed by this Court. For Petitioner : Mr.N.Palani Kumar For R1 & R2 : Mr.M.Murali Vinoth, Standing Counsel For R3 : Mr.CSK. 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 difference/arrears of wages for the period from 01.09.2010 as per the GO(Ms).No.61 dated 30.04.2015 and also terminal benefits namely Gratuity, Pension arrears and encasement of leave after revising the same, based on the scale of pay payable to the petitioner along with 12% interest p.a. Within a time frame fixed by this Court.

3.The case of the petitioner is that the petitioner joined in the 2/6

Respondent Corporation on 20.12.1976 as Conductor and retired as Senior Checking Inspector on 31.05.2014. Inspite the petitioner retired on 31.05.2014 his terminal benefits were settled after having delayed for several months. 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 02.09.2024. 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 3/6

by either side counsel, this Court directs the Respondents/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. 7.With the above directions, this Writ Petition stands disposed of. No order as to costs.

31.01.2025 Speaking order : Yes/No Index : Yes/No gbi 4/6

To 1.The Managing Director, Tamil Nadu State Transport Corporation Ltd, 37, Mettupalayam Road, Coimbatore-43.

2.The General Manager, Tamil Nadu State Transport Corporation Ltd, Erode Region, Chennimalai Road, Erode-638 001.

3.The Administrator, Tamil Nadu State Transport Corporation EPF Trust, Thiruvalluvar House, Anna Salai, Chennai-2.

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V.BHAVANI SUBBAROYAN, J.

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