B.Thamizharasan v. The Managing Director

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04.06.2024 CORAM :

THE HONOURABLE MR. JUSTICE MUMMINENI SUDHEER KUMAR W.P.No.10757 of 2021 B.Thamizharasan ... Petitioner Vs.

The Managing Director, Metropolitan Transport Corporation (Chennai) Ltd, Pallavan House, Chennai - 600 002.

...Respondents

PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of Writ of Mandamus, directing the respondent to pay the petitioner a sum of Rs.4,21,283.00 towards interest for the belated payment of terminal benefits such as P.F, Gratuity, Leave Salary, Arrears of D.A with interest and Difference of Leave Salary & Gratuity as per the revised DA.

For Petitioner :

Mr.S.T.Varadarajulu For Respondent :

Mr.R.Balaji

ORDER

This writ petition is filed for issuance of a writ of mandamus directing the respondent to pay the petitioner a sum of Rs.4,21,283.00 towards interest Page No.1 of 4

for the belated payment of terminal benefits such as P.F, Gratuity, Leave Salary, Arrears of D.A with interest and Difference of Leave Salary & Gratuity as per the revised DA.

2.

The basis for the claim made in the writ petition by the petitioner is pursuant to the seventh Pay Commission Recommendations which were give an effect from 01.01.2016 with monetary benefits from 01.10.2017. 3.

When the matter came up for hearing, Mr.R.Balaji, learned counsel appearing on behalf of the respondent 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, in terms of the Rules applicable.

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.

Page No.2 of 4

5.

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

(i) The respondent is 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 respondent 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.

04.06.2024 (1⁄4) Index :

Yes/No Speaking Order :

Yes/No dpa Page No.3 of 4

MUMMINENI SUDHEER KUMAR,J.

dpa To:

The Managing Director, Metropolitan Transport Corporation (Chennai) Ltd, Pallavan House, Chennai - 600 002.

W.P.No.10757 of 2021 04.06.2024 (1⁄4) Page No.4 of 4