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Madras High CourtWP/11086/2024disposed of

M.Thirumoorthy v. The Managing Director

2024-04-22Honourable Mr Justice D.Bharatha Chakravarthy5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 22.04.2024

CORAM:

THE HONOURABLE MR.JUSTICE D. BHARATHA CHAKRAVARTHY M.Thirumoorthy ... Petitioner Vs.

1. The Managing Director, Tamil Nadu State Transport Corporation (Villupuram) Ltd., Tiruvannamalai Region, 3/136, Salamedu, Valudhareddy Post, Villupuram - 605 602.

2. The Administrator Tamil Nadu State Transport Corporation, Employees Post Retirement Welfare Fund Trust, Thiruvalluvar House, Pallavan Salai, Chennai 600 002.

... Respondents PRAYER : Writ Petition filed under Article 226 of Constitution of India, seeking Writ of Mandamus to direct the respondents to pay the difference in leave salary, the difference in Provident Fund arrears, the difference in Gratuity, the difference in commutation arrears, and Pension arrears with interest at the rate of 8% per annum as per 14th wage settlement dated 24.08.2022 to me within a specified time.

For Petitioner : Ms.S.Vasanthi For Respondents : Mr.R.Venkatesa Perumal Standing Counsel for R1 Mr.CSK.Sathish for R2

O R D E R

This writ petition has been filed seeking to direct the respondents to pay the difference in leave salary, the difference in Provident Fund arrears, the difference in Gratuity, the difference in commutation arrears, and Pension arrears with interest at the rate of 8% per annum as per 14th wage settlement dated 24.08.2022 to me within a specified time. .

2. Mr.R.Venkatesa Perumal, learned Standing Counsel takes notice for the 1st respondent and Mr.C.S.K.Sathish, learned counsel takes notice for the 2nd 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.

3. Learned counsel for the petitioner submitted that, in all the connected matters, 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 shall pay the difference in leave salary, Provident Fund Arrears, Gratuity, Commutation Arrears, Pension Arrears with interest at the rate of 6% per annum as per 14th wage settlement dated 24.08.2022, if the petitioner is eligible as per the rules.

(ii) All the arrears shall be settled on the petitioner with interest @ 6% p.a. from the date on which the amount became due till the date of disbursement.

(iii) The arrears shall be settled within the period of 12 weeks from the date of receipt of a copy of this order. If the arrears are not settled within a period of 12 weeks from the date of receipt of a copy of this order thereafter the same shall be settled with interest @ 12% p.a. from the date on which the amount became due from the date of disbursement. (iv) No costs.

22.04.2024 Index : Yes Speaking order:Yes

jas To

1. The Managing Director, Tamil Nadu State Transport Corporation (Villupuram) Ltd., Tiruvannamalai Region, 3/136, Salamedu, Valudhareddy Post, Villupuram - 605 602.

2. The Administrator Tamil Nadu State Transport Corporation, Employees Post Retirement Welfare Fund Trust, Thiruvalluvar House, Pallavan Salai, Chennai 600 002.

D. BHARATHA CHAKRAVARTHY , J.

jas 22.04.2024