K.Jeevanandam v. The Managing Director
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 27.04.2023
CORAM:
THE HONOURABLE MRS. JUSTICE V.BHAVANI SUBBAROYAN W.P.No.12949 of 2023 K. Jeevanandam
...Petitioner
Vs
1. The Managing Director, Tamil Nadu State Transport Corporation ( Villupuram ) Ltd., 3/137, Salamedu Villupuram - 605 602.
2. The General Manager, Tamil Nadu State Transport Corporation, ( Villupuram ) Ltd., Thiruvannamalai Region, Vengikkal Bye Pass road, Thiruvannamalai - 606 601.
3. The Administrator, Tamil Nadu State Transport corporations Employee's Pension Fund Trust, Thiruvalluvar Illam, Anna Salai, Chennai - 600 002.
...Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the Respondents to pay the 1/5
petitioner interest at the rate of 8% per annum for the belated payment of the petitioner's provident Fund, Earned Leave Salary, Gratuity and commuted Value of pension within a time limit fixed by this Court. For Petitioner : Mr. J. Lakshmi Narayanan For Respondent : Mrs.S. Pavithra Standing Counsel
ORDER
By consent of both parties, this writ petition is taken up for final disposal at the stage of admission itself.
2. The petitioner has filed this writ petition seeking a direction to the respondents to pay the petitioner interest at the rate of 8% per annum for the belated payment of the petitioner's provident Fund, Earned Leave Salary, Gratuity and commuted Value of pension.
3. The case of the petitioner is that the he is an retired employee from the First Respondent Corporation. The grievance of the petitioner 2/5
is that the retirement benefits of the petitioner i.e Earned Leave Salary, Gratuity and Commuted value of pension was settled belatedly on 28.03.2023 (i.e 805 days delay) whereas the petitioner was retired on 24.06.2021. Therefore, the petitioner gave a representation to the first respondent on 29.03.2023 requesting to pay the interest at the rate of 8% p.a for the belated payment. However, no action has been taken by the respondent till date. Hence this petition.
4.The learned counsel for the petitioner submitted that it would be suffice if this Court issues a direction to the respondent to consider the petitioner's representation and pass orders.
5. The learned Government Advocate appearing for the respondents submits that the representation of the petitioner will be considered on merits and in accordance with law.
6. Considering the facts of the case, this Court without expressing any opinion on the merits of the case, directs the respondents to consider the representation of the petitioner and pass orders within a 3/5
period of eight weeks from the date of receipt of a copy of this Order. This writ petition is disposed of in the above terms. No costs. 27.04.2023 Index:Yes/No Speaking order/Non-speaking order smn To
1. The Managing Director, Tamil Nadu State Transport Corporation ( Villupuram ) Ltd., 3/137, Salamedu Villupuram - 605 602.
2. The General Manager, Tamil Nadu State Transport Corporation, ( Villupuram ) Ltd., Thiruvannamalai Region, Vengikkal Bye Pass road, Thiruvannamalai - 606 601.
3. The Administrator, Tamil Nadu State Transport corporations Employee's Pension Fund Trust, Thiruvalluvar Illam, Anna Salai, Chennai - 600 002.
4/5
V.BHAVANI SUBBAROYAN,J.
smn W.P.No.12949 of 2023 27.04.2023 5/5