P.Palanisamy, Jo3467 v. Tamil Nadu State Transport Corporation (Kovai) Ltd
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 03.06.2024
CORAM:
THE HONOURABLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY Writ Petition No.12494 of 2024 P. Palanisamy ... Petitioner Vs.
1. The Tamil Nadu State Transport Corporation (Coimbatore) Ltd., Rep.by its Managing Director, No.37, Mettupalayam Road, Coimbatore - 641 043.
2. Tamil Nadu State Transport Corporations Employees' Pension Fund Trust Rep.by its Administrator, ThiruvalluvarIllam, Pallavan Salai, Chennai 600 002.
... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, for issuance of Writ of Mandamus, directing the respondents to pay the petitioner interest at the rate of 12% per annum for the belated payment of his P.F. Earned leave salary and Gratuity and commuted value of pension, together with interest at the rate of 12% within the stipulated time as may be fixed by this Court. 1/5
For Petitioner : Mr.R.Krishnaswamy For Respondents : Mr.C.Gowthamaraj Standing Counsel for R1 Mr.C.S.K.Sathish for R2
ORDER
This writ petition is filed seeking for a writ of mandamus directing the respondents to pay the interest at the rate of 12% per annum for the belated payment of his P.F., Earned leave salary and Gratuity and commuted value of pension together with interest at the rate of 12% within the stipulated time as may be fixed by this Court.
2. Mr.C.Gowthamaraj, learned Standing Counsel takes notice for the respondent and Mr.C.S.K.Sathish, learned counsel takes notice for R2. 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 interest at the rate of 6% per annum.
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4. In that view of the matter, this Writ Petition is disposed of on the following terms:
(i) The respondents are directed to pay interest on the belated payment of P.F, Earned Leave Salary and Gratuity and to pay him commuted value of pension at the rate of 6 % per annum, from the date on which the amount became due, till the date of disbursement, within a period of twelve (12) weeks from the date of receipt of a copy of this order;
(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.
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D.BHARATHA CHAKRAVARTHY, J.
dpq To
1. The Tamil Nadu State Transport Corporation (Coimbatore) Ltd., Rep.by its Managing Director, Mettupalayam Road, Coimbatore - 641 043.
2. Tamil Nadu State Transport Corporations Employees' Pension Fund Trust Rep.by its Administrator, ThiruvalluvarIllam, Pallavan Salai, Chennai 600 002.
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