K.Sivalingam v. The Managing Director
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 17.04.2024
CORAM
THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY K.Sivalingam ... 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, Bharthipuram, Dharmapuri.
3.The Administrator, Tamil Nadu State Transport Corporation, Employees Post Retirement Welfare Fund Scheme, Thiruvalluvar House, Pallavan Salai, Chennai - 600 002.
... Respondents Page No. 1 of 6
Prayer: Writ Petition filed under Article 226 of Constitution of India, for issuance of a Writ of Mandamus, directing the respondents to disburse the interest for belated payment of Provident Fund, Gratuity, Earned Leave Salary amount and consequently direct the respondents to settle the unsettled benefits of welfare amount, IRT amount ERBS amount, D.A arrears, Leave Encashment and last 10 days salary along with interest within the stipulated time as may be fixed by this Court.
For Petitioner : Mr.J.Pradeep For Respondents : Mr.K.Raja Standing Counsel
ORDER
This writ petition is filed to direct the respondents to disburse the interest for belated payment of Provident Fund, Gratuity, Earned Leave Salary amount and consequently direct the respondents to settle the unsettled benefits of welfare amount, IRT amount ERBS amount, D.A arrears, Leave Encashment and last 10 days salary along with interest.
2. When the matter was came up for hearing Mr.K.Raja, learned counsel taking notice on behalf of the respondents would submit that the Page No. 2 of 6
respondents/Corporation would settle the unsettled benefits if they are eligible as per the rules. As far as the belated payment of already settled benefits, he would also submit that 6% interest has been ordered in all the connected matters.
3. In view thereof, this Writ Petition is disposed of with the following terms:- (1). The respondents are directed to settle the unsettled benefits of Welfare amount, IRT amount, ERBS amount, D.A arrears, Leave Encashment and last 10 days salary, to which he may be entitled to 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 on which the amounts became due till the date of disbursement; (2). The respondents are also calculate the rate of 6% per annum from the date of superannuation till the date of payment of Provident Fund, Gratuity, Earned Leave Salary etc., and pay the same within a period of twelve (12) from the date of receipt of a copy of this order; Page No. 3 of 6
(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.
17.04.2024 Index : Yes Speaking Order: Yes jas Page No. 4 of 6
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, Bharthipuram, Dharmapuri.
3.The Administrator, Tamil Nadu State Transport Corporation, Employees Post Retirement Welfare Fund Scheme, Thiruvalluvar House, Pallavan Salai, Chennai - 600 002.
Page No. 5 of 6
D.BHARATHA CHAKRAVARTHY, J.
jas 17.04.2024 Page No. 6 of 6