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Madras High CourtWP/16832/2024disposed of

D.Palani v. The General Manager

2024-06-27Honourable Mr Justice D.Bharatha Chakravarthy5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 27.06.2024

CORAM:

THE HONOURABLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY Writ Petition No.16832 of 2024 D.Palani ... Petitioner Vs.

1.The General Manager, Tamil Nadu State Transport Corporation (VPM) Limited, 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 the Constitution of India, for issuance of 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 within a specified time. For Petitioner : Mr.R.Yash Rathi 1/5

For Respondents : Mr.R.Venkatesa Perumal 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 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 within a specified time.

2. Mr.R.Venkatesa Perumal, learned Standing Counsel takes notice for the first respondent and Mr.C.S.K.Sathish, learned counsel takes notice for the second respondent. They would submit that the eligible amount will be paid to the petitioner within a reasonable time as may be fixed by this Court.

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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, this writ petition stands disposed of on the following terms:- (i) The respondents shall 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 6% per annum based on 13th wage settlement dated 04.01.2018 if the petitioner is eligible as per the rules. (ii) All the arrears shall be settled on the petitioner with interest @ 6% p.a. from the date on which the amount became due till the date of disbursement. (iii) The arrears shall be settled within the period of 12 weeks from the date of receipt of a copy of this order. If the arrears are not settled within a period of 12 weeks from the date of receipt of a copy of this order thereafter the same shall be settled with interest @ 12% 3/5

p.a. from the date on which the amount became due from the date of disbursement.

(iv) No costs.

27.06.2024 jas To 1.The General Manager, Tamil Nadu State Transport Corporation (VPM) Limited, 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.

D.BHARATHA CHAKRAVARTHY, J.

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jas Writ Petition No.16832 of 2024 27.06.2024 5/5