K.Arumugam v. The Management

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 30.04.2024

CORAM

THE HONOURABLE Mr.JUSTICE D.BHARATHA CHAKRAVARTHY W.P. No.12298 of 2024 and W.M.P.No.13401 of 2024 K.Arumugam ...

Petitioner /vs/

1. The Management, State Express Transport Corporation Tamil Nadu Ltd., No.2, Pallavan Salai, Chennai - 600 002.

2. The Administrator, Tamil Nadu State Transport Corporation Pension Fund Trust, Thiruvallur House, Anna 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 pay all the terminal benefits payable to the petitioner including pension, gratuity, EPF, leave salary, arrears of salary from 21.01.2023 to 31.01.2023, and the

subscriptions together with interest at the rate of 18% per annum from the date of retirement till the date of payment within the time stipulated by this Court.

For Petitioner ... Mr.J.Saravana Vel For Respondents ... Mr.S.Sivasubramani for R1 Mr.C.S.K.Sathish, for R2

ORDER

This writ petition has been filed to direct the respondents to pay all the terminal benefits payable to the petitioner including pension, gratuity, EPF, leave salary, arrears of salary with interest at the rate of 18% per annum.

2. Mr.S.Sivasubramani, the learned counsel, taking on behalf of the first respondent and Mr.C.S.K.Sathish, the learned Counsel, taking notice on behalf of the second respondent would submit that the respondents will consider the case of the petitioner if he is eligible as per the Rules and the terminal benefits will be paid within a reasonable time as may be directed by this Court.

3. Both side counsel would also bring to the notice to the Court that in all the connected matters, this Court has been awarding 6% interest per annum.

4. In view thereof, this writ petition is disposed of in the following terms:

i) the respondents are directed to settle all the terminal benefits payable to the petitioner including pension, gratuity, EPF, leave salary, arrears of salary as per his eligibility in accordance with the rules, within a period of twelve weeks from the date of receipt of a copy of this order along with interest at the rate of 6% per annum from the date on which the amount is due till the date of disbursement;

ii) if the amount is not disbursed within a period of twelve weeks, thereafter the amount shall be paid with interest at the rate of 12% per annum from the date on which the amount is due till the date of disbursement. No costs. Connected miscellaneous petition is closed. 30.04.2024 Index: Yes Speaking order bkn

D.BHARATHA CHAKRAVARTHY ,J.

bkn To:

1. The Management, State Express Transport Corporation Tamil Nadu Ltd., No.2, Pallavan Salai, Chennai - 600 002.

2. The Administrator, Tamil Nadu State Transport Corporation Pension Fund Trust, Thiruvallur House, Anna Salai, Chennai - 600 002.

30.04.2024