S.Vijaya v. The Managing Director
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 26.04.2024
CORAM:
THE HONOURABLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY Writ Petition No.11836 of 2024 S.Vijaya ... Petitioner Vs.
1. The Managing Director, Tamil Nadu State Transport Corporation (Villupuram) Ltd., Vazhuthareddy Post, Salamedu, Villupuram - 605 602.
2. The General Manager, Tamil Nadu State Transport Corporation (Villupuram) Ltd., Vellore Region, Vazhuthareddy, Vellore.
3. The Administrator, Tamil Nadu Transport Corporation, Employees Pension Fund Trust, Thiruvalluvar Illam, Pallavan Salai, Chennai - 600 002.
... Respondents PRAYER: Writ Petitions filed under Article 226 of the Constitution of India, for issuance of Writ of Mandamus, directing the respondents to pay the differential gratuity and leave encashment amount as per the 1/5
12(3) settlement along with interest at the rate of 18% within the stipulated time as may be fixed by this Court. For Petitioner :
Mr.J.Pradeep For Respondents :
Mr.R.Venkatesa Perumal for R1 and R2 Mr.C.S.K.Sathish for R3
ORDER
This writ petition is filed seeking for a writ of mandamus directing the respondents to pay the differential gratuity and leave encashment 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.
2. Mr.R.Venkatesa Perumal, learned 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 2/5
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:- 1) The respondents shall pay the differential gratuity and leave encashment amount as per the 12(3) settlement to the petitioner if he is eligible as per the Rules within a period of eight (8) 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;
2) If the amount is not paid within a period of eight (8) weeks, thereafter, the same shall carry the interest at the rate of 12% per annum from the dates on which the amounts became due, till the date of disbursement.
3) No costs.
26.04.2024 Index: Yes Speaking Order: Yes jas 3/5
To
1. The Managing Director, Tamil Nadu State Transport Corporation (Villupuram) Ltd., Vazhuthareddy Post, Salamedu, Villupuram - 605 602.
2. The General Manager, Tamil Nadu State Transport Corporation (Villupuram) Ltd., Vellore Region, Vazhuthareddy, Vellore.
3. The Administrator, Tamil Nadu Transport Corporation, Employees Pension Fund Trust, Thiruvalluvar Illam, Pallavan Salai, Chennai - 600 002.
4/5
D.BHARATHA CHAKRAVARTHY, J.
jas 26.04.2024 5/5