R.Ravichandran v. The Managing Director
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 12.04.2024 CORAM :
THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY R.Ravichandran .. Petitioner
Versus
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 Administrator, Tamil Nadu State Transport Corporation, Employees Post Retirement Welfare Fund Scheme, Thiruvalluvar House, Pallavan Salai, Chennai - 600 002.
.. 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 for belated payment of Provident Fund, Gratuity, Pension 1/6
Commutation amount and consequently direct the respondents to settle the unsettled benefits of welfare amount, IRT amount ERBS amount 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 for RR-1 and 2 : Mr.C.S.K.Sathish, for R3
ORDER
This Writ Petition is filed seeking for a writ of mandamus directing the respondents to disburse the interest for belated payment of Provident Fund, Gratuity, Pension Commutation amount and consequently, to settle the unsettled benefits of welfare amount, IRT amount ERBS amount and last 10 days salary along with interest within the stipulated time as may be fixed by this Court.
2. Mr.K.Raja, learned Standing Counsel takes notice for the respondent Nos.1 and 2 and Mr.C.S.K.Sathish, learned Counsel takes notice for the third respondent.
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3. When the matter came up for hearing, Mr.K.Raja, learned Standing Counsel for the respondent Nos.1 and 2 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.
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.
5. In that view of the matter, this Writ Petition is disposed of on the following terms:- (i) The respondents are directed to disburse the unsettled benefits of welfare amount, IRT amount, ERBS amount and last 10 days salary 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 on which the amount became due till the date of disbursement;
(ii) The respondents shall also pay interest at the rate of 6% per annum in respect of the belated payment of Provident Fund, Gratuity, 3/6
Pension Commutation amount 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) There shall be no order as to costs.
12.04.2024 Index : yes Speaking order : no grs 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.
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3. The Administrator, Tamil Nadu State Transport Corporation, Employees Post Retirement Welfare Fund Scheme, Thiruvalluvar House, Pallavan Salai, Chennai - 600 002.
D.BHARATHA CHAKRAVARTHY, J.
grs 5/6
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