M.Vijayakumar v. The Government Of Tamil Nadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 19.06.2024
CORAM
THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY and W.M.P.No.17187 of 2024 1.M.Vijayakumar 2.A.Adikesavan 3.R.Rajamanickam 4.P.Ramachandraraj 5.K.Jegadeesan 6.B.M.Rajendran ... Petitioners Vs.
1. The Government of Tamil Nadu, Represented by its Secretary to Government, Transport Department, Secretariat, Chennai - 600 009.
2. The Managing Director, Tamil Nadu State Transport Corporation (Villupuram) Ltd, Villupuram Division, Villupuram District.
3. The General Manager, Kancheepuram Region, Kancheepuram District.
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4. The General Manager, Vellore Region, Vellore District.
5. The Administrator, Tamil Nadu State Transport Corporation Employees Pension Fund Trust, Thiruvalluvar House, Pallavan Salai, Chennai - 600 002.
... Respondents Prayer: Writ Petition filed under Article 226 of Constitution of India, for issuance of a Writ of Mandamus to direct the respondents to settle the interest for the belated payment of retirement benefits along with Gratuity, Earned Leave, Surrender Leave, Commutation of Pension, Provident Fund and other retirement benefits payable to the petitioners with 18% rate of interest within the time frame that may be stipulated by this court. For Petitioner : Mr.N.Sudhagar Nagaraj For Respondents : Mr.C.Jayaprakash Government Advocate for R1 Mr.R.Venkatesa Perumal Standing Counsel for R2 to R4 Page No. 2 of 6
ORDER
This writ petition has been filed for a Mandamus to direct the respondents to settle the interest for the belated payment of retirement benefits along with Gratuity, Earned Leave, Surrender Leave, Commutation of Pension, Provident Fund and other retirement benefits payable to the petitioners with 18% rate of interest.
2. Mr.C.Jayaprakash, learned Government Advocate takes notice for the respondent 1 and Mr.R.Venkatesa Perumal, learned Standing Counsel for TNSTC takes notice on behalf of the respondents 2 to 4.
3. When the matter came up for hearing, Mr.R.Venkatesa Perumal, learned counsel for TNSTC appearing on behalf of the respondents 2 to 4 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.
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.
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5. In that view of the matter, this writ petition is disposed of on the following terms:- 1) The respondents are directed to disburse the remaining terminal benefits to the petitioner if he is eligible as per the Rules within a period of twelve (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 it became due till the date of disbursement;
2) The respondents shall also pay interest at the rate of 6% per annum in respect of the terminal benefits already paid to the petitioner from the date on which the amount became due till date of disbursement;
3) If the amounts are not paid within a period of twelve (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 the amounts became due till the date of disbursement;
4) No costs. Consequently, connected writ miscellaneous petition is closed.
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jas To
1. The Government of Tamil Nadu, Represented by its Secretary to Government, Transport Department, Secretariat, Chennai - 600 009.
2. The Managing Director, Tamil Nadu State Transport Corporation (Villupuram) Ltd, Villupuram Division, Villupuram District.
3. The General Manager, Kancheepuram Region, Kancheepuram District.
4. The General Manager, Vellore Region, Vellore District.
5. The Administrator, Tamil Nadu State Transport Corporation Employees Pension Fund Trust, Thiruvalluvar House, Pallavan Salai, Chennai - 600 002.
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D.BHARATHA CHAKRAVARTHY, J.
jas and W.M.P.No.17187 of 2024 19.06.2024 Page No. 6 of 6