S.Murugan v. The Managing Director
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 25.04.2024 CORAM :
THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY S.Murugan .. Petitioner
Versus
1. The Managing Director, Tamil Nadu State Transport Corporation (Salem) Limited, No.12, Ramakrishna Salai, Salem - 636 007.
2. The General Manager, Tamil Nadu State Transport Corporation (Salem) Limited, Dharmapuri Region, Dharmapuri.
3. The Administrator, The Tamil Nadu Transport Corporation Employees Pension Fund Trust, Thriuvalluvar Illam, Pallavan Salai, Chennai - 02.
.. Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, pleased to issue a Writ of Mandamus directing the respondents to pay the differential Gratuity, leave encashment, D.A arrear and pension arrear amount as per the 12(3) settlement along with interest at the rate of 18% within the stipulated time as may be fixed by this Court. 1/5
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 petition is filed for a direction to the respondents to pay the differential Gratuity, leave encashment, D.A arrears and pension arrears amount as per the 12(3) settlement along with interest at the rate of 18% per annum within the stipulated time as may be fixed by this Court.
2. When the matter came up for hearing, the learned Counsel for the petitioner not pressed the relief as far as the D.A arrears is concerned as the same is a subject matter pending before the Division Bench of this Court and the petitioner would renew the request at a later point in time.
3. The prayer in the Writ Petition is only to pay the difference in Gratuity, leave encashment and pension arrears as per the 12(3) settlement along with the interest at the rate of 18% per annum. 2/5
4. 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. They would submit that the eligible amount will be paid to the petitioner within a reasonable time as may be fixed by this Court.
5. The learned Counsel for the petitioner would submit that, in all the connected matters, this Court has consistently allowed the payment with interest at the rate of 6% per annum.
6. In that view of the matter, this Writ Petition is disposed of on the following terms:
(i) The respondents shall calculate the differential Gratuity, leave encashment and pension arrears as per the 12(3) settlement and as per the eligibility of the petitioner under the Rules and pay to the petitioner within a period of twelve 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) If the amount is not paid within the period of twelve weeks, thereafter, the same shall carry the interest at the rate of 12% per annum 3/5
from the date on which the amount became due, till the date of disbursement;
(iii) There shall be no order as to costs.
25.04.2024 (5/5) Index : yes Speaking order : no grs To
1. The Managing Director, Tamil Nadu State Transport Corporation (Salem) Limited, No.12, Ramakrishna Salai, Salem - 636 007.
2. The General Manager, Tamil Nadu State Transport Corporation (Salem) Limited, Dharmapuri Region, Dharmapuri.
3. The Administrator, The Tamil Nadu Transport Corporation Employees Pension Fund Trust, Thriuvalluvar Illam, Pallavan Salai, Chennai - 02.
4/5
D.BHARATHA CHAKRAVARTHY, J.
grs 25.04.2024 (5/5) 5/5