R.Mahalingam, Sr 1049 v. The General Manager
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 26.06.2024
CORAM
THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY R. Mahalingam ... 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, 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 pay the difference in Provident Fund arrears, leave salary, Gratuity, 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 within a specified time.
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For Petitioner : Mr.R.Yash Rathi For Respondents : Mr.R.Venkatesa Perumal Standing Counsel for R1 Mr.C.S.K.Sathish for R2
ORDER
This writ petition has been filed for a Mandamus to direct the respondents to pay the difference in Provident Fund arrears, leave salary, Gratuity, 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 within a specified time.
2. Mr.R.Venkatesa Perumal, learned Standing Counsel takes notice for R1 and Mr.C.S.K.Sathish, learned counsel takes notice for R2.
3. When the matter came up for hearing, Mr.R.Venkatesa Perumal, learned Standing Counsel for R1 and Mr.C.S.K.Sathish learned counsel for 2nd respondent submitted 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 respondents are directed to pay the differential amount in Provident fund arrears, leave salary, gratuity, commutation arrears and pension arrears to the petitioner as per the 13th wage settlement 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; (ii) 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;
(iii) No costs.
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D.BHARATHA CHAKRAVARTHY, J.
dpq 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, Thiruvalluvar House, Pallavan Salai, Chennai 600 002.
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