Madras High CourtWP/14766/2024disposed of

K.Ponnusamy Sr 1118 v. The General Manager

2024-06-07Honourable Mr Justice D.Bharatha Chakravarthy5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 07.06.2024 CORAM :

THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY K.Ponnusamy ..

Petitioner Vs.

1. The General Manager Tamil Nadu State Transport Corporation [VPM] Ltd. Tiruvannamalai Region Vengikal, Tiruvannamalai - 606 604.

2. The Administrator Tamil Nadu State Transport Corporation Employees Post Retirement Welfare Fund Trust Tiruvalluvar House, 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 provident fund arrears, the difference in leave salary, the difference in gratuity, the difference in commutation arrears, and pension arrears with interest at the rate of 8% per annum as per 13th wage settlement dated 04.01.2018 to the petitioner. For the Petitioner :

Ms.R.Yash Rathi For the Respondents :

Mr.R.Venkatesaperumal for R1 Mr.C.S.K.Sathish for R2

ORDER

The writ petition is filed seeking for a writ of mandamus directing the respondents to pay the difference in provident fund arrears, the difference in leave salary, the difference in gratuity, the difference in commutation arrears, and pension arrears with interest at the rate of 8% per annum as per 13th wage settlement dated 04.01.2018 to the petitioner.

2. Mr.R.Venkatesaperumal, learned counsel takes notice for the respondent 1 and Mr.C.S.K.Sathish, learned counsel takes notice for respondent 2. It is submitted 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.

4. In that view of the matter, the writ petition stands disposed of on the following terms:

1) The respondents shall disburse the difference in provident fund arrears, the difference in leave salary, the difference in gratuity, the difference in commutation arrears, and pension arrears to the petitioner, if the petitioner 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 dates on which the amounts 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.

There shall be no order as to costs.

07.06.2024 Index : Yes/No drm

To:

1. The General Manager Tamil Nadu State Transport Corporation [VPM] Ltd. Tiruvannamalai Region Vengikal, Tiruvannamalai - 606 604.

2. The Administrator Tamil Nadu State Transport Corporation Employees Post Retirement Welfare Fund Trust Tiruvalluvar House, Pallavan Salai Chennai - 600 002.

D.BHARATHA CHAKRAVARTHY,J.

(drm) 07.06.2024