P.Padmanaban v. The Managing Director

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 10.04.2024

CORAM

THE HONOURABLE MR.JUSTICE D. BHARATHA CHAKRAVARTHY P.Padmanabhan ... Petitioner -Vs1. The Managing Director, Tamil Nadu State Transport Corporation (Villupuram) Ltd., 3/137, Salamedu Vazutha Reddy P.O., Post Box No.56, Villupuram 605 602.

2. The General Manager, Tamil Nadu State Transport Corporation (Villupuram) Ltd., Vellore Region, Rangapuram, Vellore 632 009.

3. The Managing Director Metropolitan Transport Corporation (Chennai) Ltd., No.2, Anna Salai, Chennai 600 002.

4. The Administrator, Tamil Nadu State Transport Corporation, Employees Pension Fund Trust, No.2, Pallavan Salai, Chennai 600 002. ... Respondents Prayer :- Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus directing the respondents to

pay the arrears in respect of five months (01.01.2016 to 31.05.2016) salary, arrears in surrender leave salary, arrears in Gratuity, 11 days salary (21.05.16 - 31.05.2016), pension arrears for the period from June 2016-September 2019 interest for belated payment of difference in commutation for 56 months and the contribution paid towards Medical college and engineering college to the petitioner.

For Petitioner : Mr.S.T.Varadarajalu For Respondents : Mr.R.Venkatesaperumal Standing Counsel for R1 & R2

O R D E R

This writ petition is filed for issuance of a writ of mandamus directing the respondents to pay the arrears in respect of five months (01.01.2016 to 31.05.2016) salary, arrears in surrender leave salary, arrears in Gratuity, 11 days salary (21.05.16 - 31.05.2016), pension arrears for the period from June 2016-September 2019 interest for belated payment of difference in commutation for 56 months and the contribution paid towards Medical college and engineering college to the petitioner.

2. Mr.R.Venkatesaperumal, learned Standing Counsel takes notice for the respondents 1 & 2.

3. When the matter came up for hearing, Mr.R.Venkatesaperumal, learned Standing Counsel for TNSTC (Villupuram) appearing on behalf of the respondents would submit that the respondent Corporation would settle the dues as also the interest within such reasonable time as may be prescribed by this Court.

4. It is also brought to the notice of this Court by the learned counsel on either side that in all the similar matters, interest at the rate of 6% has been ordered by this Court.

5. In that view of the matter, this Writ Petition is disposed of on the following terms:

(i) The respondents are directed to disburse the remaining terminal benefits to the petitioner if he is eligible as per the Rules within a period of twelve (12) weeks from the date of receipt of a copy of this order with interest at the rate of 6% per annum from the date it became due till the date of disbursement.

(ii) The respondents shall also pay interest at the rate of 6% per annum in respect of the terminal benefits already paid to the petitioner from the date on which the amount became due till date of disbursement;

(iii) If the amounts are not paid within a period of twelve (12) weeks from the date of receipt of a copy of this order, thereafter, the interest shall be calculated at the rate of 12% per annum from the date the amounts became due till the date of disbursement;

(iv) No costs.

10.04.2024 Index : Yes/No Speaking order/Non-speaking order dpq

D. BHARATHA CHAKRAVARTHY , J.

dpq To

1. The Managing Director, Tamil Nadu State Transport Corporation (Villupuram) Ltd., 3/137, Salamedu Vazutha Reddy P.O., Post Box No.56, Villupuram 605 602.

2. The General Manager, Tamil Nadu State Transport Corporation (Villupuram) Ltd., Vellore Region, Rangapuram, Vellore 632 009.

3. The Managing Director Metropolitan Transport Corporation (Chennai) Ltd., No.2, Anna Salai, Chennai 600 002.

4. The Administrator, Tamil Nadu State Transport Corporation, Employees Pension Fund Trust, No.2, Pallavan Salai, Chennai 600 002.

10.04.2024