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Madras High CourtWP/12434/2024disposed of

G.Shanmugam v. The Managing Director

2024-04-30Honourable Mr Justice D.Bharatha Chakravarthy4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 30.04.2024

CORAM

THE HONOURABLE Mr.JUSTICE D.BHARATHA CHAKRAVARTHY W.P. No.12434 of 2024 G.Shanmugam ...

Petitioner /vs/

1. The Managing Director, Tamil Nadu State Transport Corporation (Villupuram) Limited, Vazhuthareddy, Villupuram - 605 602.

2. The General Manager, Tamil Nadu Tate Transport Corporation (Villupuram) Limited, Vellore Region, Vellore - 632 009.

3. The Administrator, Tamil Nadu State Transport Corporation, Employees Post Retirement Benefit Fund Scheme, Thiruvalluvar House, Pallava Salai, Chennai - 600 002.

... Respondents

Writ Petition is filed under Article 226 of the Constitution of India to issue a writ of mandamus directing the respondents to settle the difference of gratuity, leave liability, pension commutation and pension arrear amount along with interest at the rate of 18% within the stipulated time.

For Petitioner ... Mr.J.Pradeep For Respondents ... Mr.R.Venkatesh Perumal for R1&R2 Mr.C.S.K.Sathish for R3

ORDER

The writ petition is filed directing the respondents to settle the difference in gratuity, leave liability, pension commutation and pension arrear along with interest at the rate of 18% p.a.

2. Mr.R.Venkatesh Perumal, the learned counsel, takes notice on behalf of the respondents 1 and 2 and Mr.C.S.K.Sathish, the learned counsel, takes notice on behalf of the third respondent. They would submit that the respondents would consider the case of the petitioner if there are any difference in amount which is payable and for which the petitioner is

eligible as per the Rules. However, they would submit that the petitioner retired in the year 2014 and accepted all the payment. Since he is approaching this Court belatedly, his claim for further interest need not be entertained.

3. In view thereof, this Writ Petition is disposed of in the following terms:

i) the respondents shall pay the difference of gratuity, leave liability, pension commutation and pension arrears to the petitioner, as he may be eligible as per the rules, within a period of 12 weeks from the date of receipt of a copy of this order;

ii) If the amount is not settled within a period of 12 weeks, thereafter the amount shall be paid with further interest at the rate of 12% p.a from the date on which the amount become due till the date of settlement. No costs.

30.04.2024 Index: Yes Speaking order bkn

D.BHARATHA CHAKRAVARTHY ,J.

bkn To:

1. The Managing Director, Tamil Nadu State Transport Corporation (Villupuram) Limited, Vazhuthareddy, Villupuram - 605 602.

2. The General Manager, Tamil Nadu Tate Transport Corporation (Villupuram) Limited, Vellore Region, Vellore - 632 009.

3. The Administrator, Tamil Nadu State Transport Corporation, Employees Post Retirement Benefit Fund Scheme, Thiruvalluvar House, Pallava Salai, Chennai - 600 002.

30.04.2024