P.Shanmugam v. The Tamilnadu State Transport Corporation Ltd.,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 24.04.2024
CORAM:
THE HONOURABLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY Writ Petition No.11016 of 2024 P.Shanmugam, Chief Accounts Officer TNSTC (Retd), Muthuvelappa Lane, SKC Road, Kaikolan Thottam, Erode - 638 001.
... Petitioner Vs.
1. The Tamil Nadu State Transport Corporation Ltd., Coimbatore Division, Rep. by its Managing Director, No.37, Mettupalayam Road, Coimbatore.
2. The Administrator, Tamil Nadu Pension Trust, Pallavan Salai, Chennai.
... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, for issuance of Writ of Mandamus, directing the 1st respondent herein to pay the amount payable towards the encashment of earned leave and RBSR fund along with interest to the petitioner. For Petitioner : Mr.D.Anand Raja For Respondents : Mr.M.Murali Vinoth [R1] : Mr.C.S.K.Sathish [R2] 1/4
ORDER
This writ petition is filed seeking for a writ of mandamus directing the 1st respondent herein to pay the amount payable towards the encashment of earned leave and RBSR fund along with interest to the petitioner.
2. Mr.M.Murali Vinoth, learned Standing Counsel takes notice for the respondent and Mr.C.S.K.Sathish, learned counsel takes notice for the second respondent. They would submit that if the petitioner found eligible, the same will be paid to the petitioner within a reasonable time as may be fixed by this Court.
3. Learned counsel appearing on both sides submitted that, in all the connected matters, this Court has consistently allowed the payment with interest at the rate of 6% per annum.
4. In that view of the matter, this writ petition is disposed of on the following terms:
1) The first respondent is directed to pay the amount payable towards the encashment of earned leave and RBSR fund to the petitioner as per his eligibility and as per the Rules from the date 2/4
on which the amounts became due till the date of disbursement;
2) The first respondent shall pay the amount within a period of twelve
(12) weeks from the date of receipt of a copy of this order.
3) If the amount is not paid within a period of twelve (12) weeks, thereafter, the same shall carry the interest at the rate of 12% per annum from the date on which the amounts became due, till the date of disbursement.
4) No costs.
24.04.2024 Index: Yes/No Speaking Order: Yes/No mp To
1. The Tamil Nadu State Transport Corporation Ltd., Coimbatore Division, Rep. by its Managing Director, No.37, Mettupalayam Road, Coimbatore.
2. The Administrator, Tamil Nadu Pension Trust, Pallavan Salai, Chennai.
3/4
D.BHARATHA CHAKRAVARTHY, J.
mp 24.04.2024 4/4