R.Thangaraj v. The Managing Director

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 05.06.2024 CORAM :

THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY R.Thangaraj ..

Petitioner Vs.

1. The Managing Director Tamil Nadu State Transport Corporation (Villupuram) Ltd. No.3/137, Salamedu, Vazhutha Reddy P.O Villupuram - 605 602.

2. The General Manager Tamil Nadu State Transport Corporation (Villupuram) Ltd. Thiruvannamalai Region Bye Pass Road, Vengikkal Thiruvannamalai - 606 604.

3. The Administrator Tamil Nadu State Transport Corporation Employees Pension Fund Trust No.2, Pallavan Salai Chennai - 600 002.

..

Respondents Prayer: Petition filed under Article 226 of the Constitution of India praying for a writ of mandamus, directing the respondents to pay the difference in leave salary and difference in gratuity amount with 10% interest and 10% interest for the belated payment of commutation amount to the petitioner.

For the Petitioner : Mr.S.T.Varadarajulu For the Respondents 1 & 2 : Mr.R.Venkatesaperumal Standing Counsel

ORDER

This Writ Petition is filed seeking for a Writ of Mandamus directing the respondents to pay the difference in leave salary and difference in gratuity amount with 10% interest and 10% interest for the belated payment of commutation amount to the petitioner.

2. Mr.R.Venkatesaperumal, learned Standing Counsel takes notice for the respondents 1 and 2. He 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 submits that, in these cases, this Court has consistently allowed the payment with 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:

(i) The respondent is directed to pay interest on the belated payment of the difference in leave salary and difference in gratuity amount 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.

05.06.2024 Index : Yes/No drm

To:

1. The Managing Director Tamil Nadu State Transport Corporation (Villupuram) Ltd. No.3/137, Salamedu, Vazhutha Reddy P.O Villupuram - 605 602.

2. The General Manager Tamil Nadu State Transport Corporation (Villupuram) Ltd. Thiruvannamalai Region Bye Pass Road, Vengikkal Thiruvannamalai - 606 604.

3. The Administrator Tamil Nadu State Transport Corporation Employees Pension Fund Trust No.2, Pallavan Salai Chennai - 600 002.

D.BHARATHA CHAKRAVARTHY,J.

(drm) 05.06.2024