← Library
Madras High CourtWP/20628/2024disposed of

K.Rajendiran v. The Managing Director

2024-07-26Honourable Mr Justice G.K. Ilanthiraiyan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 26.07.2024

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN K.Rajendiran

...Petitioner

-Vs1. The Managing Director, TNSTC (Villupuram) Ltd., Villupuram, Villupuram District.

2. The General Manager, TNSTC (Villupuram) Ltd., Thiruvannamalai Division, Thiruvannamalai.

...Respondents

Prayer : Writ Petition filed under Article 226 of Constitution of India praying for the issuance of a Writ of Mandamus, to direct the respondents to settle the petitioner's retirement benefits including Leave salary, gratuity arrears and all other attendant retirement benefits etc., with interest at the rate of not less that 6 percent per annum payable from the date of retirement and consequently directing the respondents to pay interest at the rate of 6 percent per annum for the belated settlement of retirement benefits including the commuted value of pension, Provident Fund Leave Salary, Gratuity and other arrears of the petitioner as per the last pay drawn to the petitioner payable from the date of retirement i.e 30.06.2022 to till date of actual payment to the petitioner within the time that may be stipulated by this Court. For Petitioner : Mr.Krishnasamy Chinnasamy For Respondents : Mr.R.Venkatesa Perumal

Standing counsel

ORDER

This Writ Petition has been filed for direction directing the respondents to settle the petitioner's retirement benefits including Leave salary, gratuity arrears and all other attendant retirement benefits etc., with interest at the rate of not less that 6 percent per annum payable from the date of retirement and consequently directing the respondents to pay interest at the rate of 6 percent per annum for the belated settlement of retirement benefits including the commuted value of pension, Provident Fund Leave Salary, Gratuity and other arrears of the petitioner as per the last pay drawn to the petitioner payable from the date of retirement i.e 30.06.2022 to till date of actual payment to the petitioner

2. Heard the learned counsel on either side and perused the materials available on record.

3. The petitioner had joined as Driver in the respondents Corporation. Thereafter, he was promoted to the post of Driving Inspector and retired from service on 30.06.2022 on attaining the age of superannuation. He was paid a sum of Rs.34,20,200/- towards Provident Fund, Gratuity, Leave Salary and Commuted value of pension belatedly. His salary was also not properly

calculated for other benefits. Therefore, the petitioner submitted a representation and it is pending on the file of the second respondent.

4. Considering the above facts and circumstances of the case, the second respondent is directed to consider the representation submitted by the petitioner and arrears if any, by fixing his last pay drawn for other benefits and settle the same, within a period of twelve weeks from the date of receipt of a copy of this order. The petitioner is entitled for interest at the rate of 6% per annum for the belated payment which were already settled.

5. With the above directions, this writ petition is disposed of. There shall be no order as to costs.

26.07.2024 Internet: Yes Index : Yes/No Speaking/Non Speaking order mn G.K.ILANTHIRAIYAN. J, mn To

1. The Managing Director, TNSTC (Villupuram) Ltd., Villupuram, Villupuram District.

2. The General Manager, TNSTC (Villupuram) Ltd., Thiruvannamalai Division, Thiruvannamalai.

26.07.2024