D.Ramkumar v. The Managing Director
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 15.04.2024
CORAM:
THE HONOURABLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY Writ Petition No.10187 of 2024 D.Ramkumar ... Petitioner Vs.
1. The Managing Director, Tamil Nadu State Transport Corporation (Villupuram) Ltd., No.3/137, Salamedu, Vizhupuram - 605 602.
2. The General Manager, Tamil Nadu State Transport Corporation (Villupuram) Ltd., Vellore Region, Rangapuram, Vellore - 632 009.
3. The Administrator, Tamil Nadu State Transport Corporation, Employees' Pension Fund Trust, Thiruvalluvar Illam, Pallavan Salai, Chennai - 600 002.
... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, for issuance of Writ of Mandamus, directing the respondents to revise the petitioner's wage with effect from 01.09.2019 based on the 14th wage settlement dated 24.08.2022 and pay him the arrears of wages 1/5
payable from 01.09.2019 to 29.02.2020, difference in leave salary, gratuity and arrears of pension from 01.03.2020 to 28.02.2023 along with the interest at the rate of 12% per annum from the date of entitlement to till the date of actual disbursement within a time limit to be stipulated by this Court.
For Petitioner :
Mr.J.Lakshminarayanan For Respondents :
Mr.R.Venkatesa Perumal Standing Counsel [R1 & R2] Mr.C.S.K.Sathish [R3] ******
ORDER
This writ petition is filed seeking for a writ of mandamus directing the respondents to revise the petitioner's wage with effect from 01.09.2019 based on the 14th wage settlement dated 24.08.2022 and pay him the arrears of wages payable from 01.09.2019 to 29.02.2020, difference in leave salary, gratuity and arrears of pension from 01.03.2020 to 28.02.2023 along with the interest at the rate of 12% per annum from the date of entitlement to till the date of actual disbursement within a time limit to be stipulated by this Court. 2/5
2. Mr.R.Venkatesa Perumal, learned Standing Counsel takes notice for the first and second respondents and Mr.C.S.K.Sathish, learned counsel takes notice for the third respondent. They would submit that the eligible amount will be paid to the petitioner within a reasonable time as may be fixed by this Court.
3. Learned counsel for the petitioner submits that, in these cases, 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 respondents are directed to revise the petitioner's wage with effect from 01.09.2019 based on the 14th wage settlement dated 24.08.2022 and pay him the arrears of wages payable from 01.09.2019 to 29.02.2020, difference in leave salary, gratuity and arrears of pension from 01.03.2020 to 28.02.2023 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.
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2) 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 it became due till the date of disbursement.
3) No costs.
15.04.2024 Index: No Speaking Order: Yes mp To
1. The Managing Director, Tamil Nadu State Transport Corporation (Villupuram) Ltd., No.3/137, Salamedu, Vizhupuram - 605 602.
2. The General Manager, Tamil Nadu State Transport Corporation (Villupuram) Ltd., Vellore Region, Rangapuram, Vellore - 632 009.
3. The Administrator, Tamil Nadu State Transport Corporation, Employees' Pension Fund Trust, Thiruvalluvar Illam, Pallavan Salai, Chennai - 600 002.
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D.BHARATHA CHAKRAVARTHY, J.
mp 15.04.2024 5/5