G.Vadivel v. The Managing Director

2024:MHC:1970

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 24.04.2024 CORAM :

THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY G.Vadivel .. Petitioner Vs.

1. The Managing Director, Tamil Nadu State Transport Corporation (Salem) Limited, No.12, Ramakrishna Road, Salem - 636 007.

2. The General Manager, Tamil Nadu State Transport Corporation (Salem) Limited, Dharmapuri Region, Bharathipuram, Dharmapuri.

3. The Tamil Nadu Transport Corporation, Employees Pension Fund Trust, Rep. by its Administrator, Thiruvallurvar House, Pallavan House, Chennai - 2.

.. Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, pleased to issue a Writ of Mandamus, directing the respondents to disburse the interest amount for the belated payment of Provident Fund, Gratuity, Leave Salary, Pension Commutation amount within the stipulate time as may be fixed by this Court.

For Petitioner : Mr.J.Pradeep For Respondents : Mr.K.Raja, Standing Counsel [R1 & R2]

ORDER

This Writ Petition is filed seeking for a Writ of Mandamus directing the respondents to disburse the interest amount for the belated payment of Provident Fund, Gratuity, Leave Salary, Pension Commutation amount within the stipulate time as may be fixed by this Court.

2. Mr.K.Raja, learned Standing Counsel takes notice for the respondents 1 and 2. He 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:

(i) The respondents are directed to pay interest on the belated

payment of P.F, Gratuity, Leave Salary, Pension commutation at the rate of 6 % per annum, from the date on which the amount became due, till the date of disbursement, within a period of twelve (12) weeks from the date of receipt of a copy of this order;

(ii) If the amount is not paid within a period of twelve (12) weeks, thereafter, the interest shall be calculated at the rate of 12% per annum from the date on which the amount became due till the date of disbursement.

(iii) There shall be no order as to costs.

24.04.2024 Index : yes/no Speaking order/Non-speaking order : yes/no mp To

1. The Managing Director, Tamil Nadu State Transport Corporation (Salem) Limited, No.12, Ramakrishna Road, Salem - 636 007.

2. The General Manager, Tamil Nadu State Transport Corporation (Salem) Limited, Dharmapuri Region, Bharathipuram, Dharmapuri.

D.BHARATHA CHAKRAVARTHY, J.

mp 24.04.2024