K.Sundaramoorthy 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 K.Sundaramoorthy ... Petitioner Vs.
1.The Managing Director, Tamil Nadu State Transport Corporation (Villupuram) Ltd, Vazhuthareddy, Villupuram - 605 602.
2.The General Manager, Tamil Nadu State Transport Corporation (Villupuram) Ltd, Vellore Region, Vellore - 632 009.
3.The Administrator, Tamilnadu State Transport Corporation Employees Post Retirement Benefit Fund Scheme, Thiruvalluvar House, Pallavan Salai, Chennai - 600 002.
... Respondents Prayer: Writ Petition filed under Article 226 of Constitution of India, for issuance of 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 Page No. 1 of 5
For Respondents : Mr.R.Venkatesa Perumal Standing Counsel for R1 and R2 Mr.C.S.K.Sathish for R3
ORDER
This writ petition is for a mandamus to direct the respondents to settle the difference in gratuity, leave liability, pension commutation and pension arrear along with interest at the rate of 18%.
2. The contentions of the petitioner is that the petitioner is entitled for re-calculation and the arrears amount as per G.O.(MS)No.146 Transport (C) Department, dated 30.11.2015.
3. Mr.R.Venkatesa Perumal, learned Standing Counsel takes notice for the first and second respondents and Mr.C.S.K.Sathish, learned counsel takes notice for the third respondents would submit that the respondents would consider the case of the petitioner as per the Rules and the remaining amount, if any, would be paid within a reasonable period that may be granted by this Court.
Page No. 2 of 5
4. Both side learned counsel also bring to the notice of the court in all identical matter interest at the rate of 6% p.a., is being ordered by this Court.
5. In view thereof, this Writ Petition is disposed of on the following terms:- (i)The respondent shall consider the claim of the petitioner for settling the difference in gratuity, leave salary, pension commutation and pension arrear etc., and if the petitioner is found eligible as per the Rule, same an be paid out to him within a period of 12 weeks from the date of receipt of a copy of this order along with interest at the rate of 6% p.a., from the date on which the amount being due, till the date of disbursement; (ii)If the amount is not paid within a period of twelve (12) weeks, thereafter, the interest shall be calculated at the rate of 12% per annum 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 Index: Yes Speaking Order: Yes Page No. 3 of 5
jas To 1.The Managing Director, Tamil Nadu State Transport Corporation (Villupuram) Ltd, Vazhuthareddy, Villupuram - 605 602.
2.The General Manager, Tamil Nadu State Transport Corporation (Villupuram) Ltd, Vellore Region, Vellore - 632 009.
3.The Administrator, Tamil Nadu State Transport Corporation Employees Post Retirement Benefit Fund Scheme, Thiruvalluvar House, Pallavan Salai, Chennai - 600 002.
Page No. 4 of 5
D.BHARATHA CHAKRAVARTHY, J.
jas 25.04.2024 Page No. 5 of 5