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Madras High CourtWP/12476/2024disposed of

O.Ponnusamy (Staff No. 15580 ) v. Tamil Nadu State Transport Coporation (Coimbatore ) Ltd

2024-04-30Honourable Mr Justice D.Bharatha Chakravarthy6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 30.04.2024 CORAM :

THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY O.Ponnusamy .. Petitioner

Versus

Tamil Nadu State Transport Corporation (Coimbatore) Ltd., Rep. by its Managing Director, Mettupalayam Road, Coimbatore-641 043.

.. Respondent Prayer : Writ Petition filed under Article 226 of the Constitution of India, pleased to issue a Writ of Mandamus directing the respondent to pay him interest for the belated payment of P.F, earned leave salary and Gratuity and to pay him a sum of Rs.18,500/- towards the STERBS (State Transport Employees Retirement Benefit Scheme), which was deducted from his salary for every month, while he was in service, together with interest at the rate of 12% per annum, within a specified time as may be fixed by this Court.

For Petitioner : M/s.H.Nandhini for Mr.R.Krishnaswamy For Respondent : Mr.C.Gowthamaraj 1/6

ORDER

This Writ Petition is filed seeking for a direction to the respondent to pay the petitioner interest for the belated payment of Provident Fund, Earned Leave salary and Gratuity and to pay him a sum of Rs.18,500/- towards the STERBS (State Transport Employees Retirement Benefit Scheme) which was deducted from his salary for every month, while he was in service together with interest at the rate of 12% per annum within the time as may be fixed by this Court.

2. Mr.C.Gowthamaraj, learned Counsel takes notice on behalf of the respondent.

3. When the matter came up for hearing, Mr.C.Gowthamaraj, learned Counsel for the respondent would submit that the respondent Corporation would settle the dues as also the interest within such reasonable time as may be prescribed by this Court.

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4. It is also brought to the notice of this Court by the learned Counsel on either side that in all the similar matters, interest at the rate of 6% has been ordered by this Court.

5. In that view of the matter, this Writ Petition is disposed of on the following terms:- (i) The respondent is directed to disburse the sum of Rs.18,500/- towards the STERBS (State Transport Employees Retirement Benefit Scheme) to the petitioner if he is eligible as per the Rules within 12 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;

(ii) The respondent shall also pay interest at the rate of 6% per annum in respect of the belated payment of Provident Fund, Earned Leave salary and Gratuity, already paid to the petitioner from the date on which the amount became due till date of disbursement;

(iii) If the amounts are not paid within 12 weeks from the date of receipt of a copy of this order, thereafter, the interest shall be calculated at the rate of 12% per annum from the date on which the amounts became due till the date of disbursement;

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(iv) There shall be no order as to costs.

30.04.2024 (3/4) Index : yes Speaking order : no grs To The Managing Director, Tamil Nadu State Transport Corporation (Coimbatore) Ltd., Mettupalayam Road, Coimbatore-641 043.

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D.BHARATHA CHAKRAVARTHY, J.

grs 30.04.2024 (3/4) 5/6

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