Kumerasan (Rtd Staff No. Cr5490) v. The Managing Director

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 31.07.2024

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Kumaresan ... Petitioner Vs

1. The Managing Director, Tamil Nadu State Transport Corporation (Salem) Limited, No. 12, Ramakrishna Road, Salem - 636 007.

2. The General Manager, Tamil Nadu State Transport Corporation (Salem) Limited, Dharmapuri Region, Bharathipuram, Dharmapuri.

... Respondents Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents to disburse the belated payment of interest amount of provident fund, gratuity, earned leave salary amounts and other unsettled benefits leave surrender in while in service, ERBS pension, pension arrears, 10 days salary and DA arrears with effect from 01.07.2022 within the stipulated time as may be fixed by this Court.

For Petitioner : Mr. N.Desinghu For Respondents : Mr. K.Raja, Standing Counsel 1/5

O R D E R

This Writ Petition is filed for directing the respondents to disburse the belated payment of interest amount of provident fund, gratuity, earned leave salary amounts and other unsettled benefits leave surrender while in service, ERBS pension, pension arrears, 10 days salary and DA arrears with effect from 01.07.2022 within the stipulated time as may be fixed by this Court.

2. Mr.K.Raja, learned Standing Counsel takes notice for the respondents. He would submit that the eligible amount will be paid to the petitioner within a reasonable time as may be fixed by this Court.

3. 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.

4. In that view of the matter, this Writ Petition is disposed of on the following terms:

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(i) the respondents are directed to pay interest on the belated payment of interest amount of provident fund, gratuity, earned leave salary amounts and other unsettled benefits leave surrender in while in service, ERBS pension, pension arrears, 10 days salary and DA arrears with effect from 01.07.2022 at the rate of 6% per annum, from the date on which the amount became due, till the date of disbursement, within a period of twelve

(12) weeks from the date of receipt of a copy of this order; (ii) if the amount is not paid within a period of twelve (12) weeks, thereafter, the interest shall be calculated at the rate of 12% per annum from the date on which the amount became due till the date of disbursement; and (iii) there shall be no order as to costs.

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To

1. The Managing Director, Tamil Nadu State Transport Corporation (Salem) Limited, No. 12, Ramakrishna Road, Salem - 636 007.

2. The General Manager, Tamil Nadu State Transport Corporation (Salem) Limited, Dharmapuri Region, Bharathipuram, Dharmapuri.

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G.K.ILANTHIRAIYAN, J.

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