K.Rangasamy v. The Managing Direcor
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 22.04.2024
CORAM
THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY K.Rangasamy ... 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.
... Respondents Prayer: Writ Petition filed under Article 226 of Constitution of India, for issuance of a Writ of Mandamus, directing the respondents to disburse the belated payment of interest amount of Provident Fund, Gratuity, Earned Leave Salary and other unsettle benefits of Earned Leave Surrender in the years 2009-2011 and 2017-2018, ERBS Pension amount and 10 days salary amount with effect from 01.05.2018 within the stipulated time as may be fixed by this Court.
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For Petitioner : Mr.N.Desinghu For Respondents : Mr.K.Raja Standing Counsel for R1 and R2
ORDER
This writ petition has been filed for a Mandamus to direct the respondents to disburse the belated payment of interest amount of Provident Fund, Gratuity, Earned Leave Salary and other unsettle benefits of Earned Leave Surrender in the years 2009-2011 and 2017-2018, ERBS Pension amount and 10 days salary amount with effect from 01.05.2018 within the stipulated time.
2. Mr.K.Raja, learned Standing Counsel takes notice for the respondents.
3. When the matter came up for hearing, Mr.K.Raja, learned Standing Counsel TNSTC (Salem) appearing on behalf of the respondents would submit that the respondent Corporation would settle the dues as also Page No. 2 of 6
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:-
1) The respondents are directed to disburse the belated payment of interest amount of Provident Fund, Gratuity, Earned Leave Salary and other unsettle benefits of Earned Leave Surrender in the years 20092011 and 2017-2018, ERBS Pension amount and 10 days salary amount with effect from 01.05.2018 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;
2) The respondents shall also pay interest at the rate of 6% per annum in respect of the terminal benefits already paid to the petitioner from the date on which the amount became due till date of disbursement; Page No. 3 of 6
3) 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;
No costs.
22.04.2024 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, Bharathipuram, Dharmapuri.
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D.BHARATHA CHAKRAVARTHY, J.
jas 22.04.2024 Page No. 6 of 6