M.Govindasamy v. The Government Of Tamil Nadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 05.06.2024

CORAM:

THE HONOURABLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY Writ Petition No.9055 of 2024

1. M.Govindasamy

2. K.Kagesan

3. C.Duraisamy

4. R.Asokan

5. S.Veerappan

6. S.K.Jeeva

7. K.Ramalingam

8. K.Matheswaran

9. M.K.Sundaram

10. M.S.Loganathan

11. P.Kathimathi

12. A.Thiyagrajan

13. T.Gunasekaran

14. R.Balasubramanian

15. M.Shanmugavadivu

16. G.Arunmozhi

17. R.Sekar

18. M.Ramesh Babu ... Petitioners Vs.

1. The Government of Tamil Nadu, Rep. by its Additional Chief Secretary and Chairman, State Transport Undertakings, Transport Department, Secretariat, St.George Fort, Chennai - 600 009.

2. Tamil Nadu State Transport Corporation (Salem), Rep. by its Managing Director, No.12, Ramakrishna Street, Salem - 636 007.

... Respondents 1/6

PRAYER: Writ Petition filed under Article 226 of the Constitution of India, for issuance of Writ of Mandamus, directing the respondents to make payment of Difference in Earned Leave Salary amount and Difference in Gratuity amount on the basis of the 7th Pay Commission along with interest at 12% per annum from the date due till the actual payment for which the petitioner is right fully entitled. For Petitioners :

Mr.C.Vigneswaran For Respondents :

Mr.C.Jayaprakash [R1] Mr.K.Raja [R2]

ORDER

This writ petition is filed for a direction to the respondents to make the payment of difference in earned leave salary amount and difference in gratuity amount on the basis of the 7th Pay Commission along with interest at the rate of 12% per annum from the date of due till the date of disbursement.

2. When the matter came up for hearing today, the learned counsel appearing on behalf of the second respondent would submit that already, the difference of amount in respect of each of the petitioners herein has 2/6

been calculated and it is as follows:

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3. He would further submit that, if 12 weeks further time is granted, the same will be disbursed to them.

4. The learned counsel for the petitioners would submit that the petitioners are all retired in the year 2016 and therefore, the interest at the rate of 12% per annum can be granted by this Court.

5. Learned counsel appearing on behalf of the respondents would submit that without further delay since the respondents themselves have calculated and are proceeding to pay the amount, the interest need not be ordered.

6. I have considered the rival submissions made on either side.

7. It can be seen that, in similar cases, this Court has consistently ordering 6% interest from the date the amount became due till the date of disbursement.

8. In view thereof, this writ petition is allowed on the following terms:

1. As calculated by the respondents and incorporated in paragraph 4/6

No.2 of this order, the petitioners shall be paid the difference of earned leave salary amount and difference in gratuity amount on the basis of the 7th pay commission along with further interest at the rate of 6% from the date on which the amount became due till the date of disbursement.

2. The amount shall be paid within a period of twelve (12) weeks from the date of receipt of a copy of this order.

3. No costs.

05.06.2024 mp To

1. The Additional Chief Secretary and Chairman, State Transport Undertakings, Transport Department, Secretariat, St.George Fort, Chennai - 600 009.

2. Tamil Nadu State Transport Corporation (Salem), Rep. by its Managing Director, No.12, Ramakrishna Street, Salem - 636 007.

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D.BHARATHA CHAKRAVARTHY, J.

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