Madras High CourtWP/25436/2023disposed of

S.Anbalagan v. The Managing Director

2023-08-29Honourable Mr Justice N. Sathish Kumar4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 29.08.2023

CORAM

THE HONOURABLE MR. JUSTICE N.SATHISH KUMAR 1.S.Anbalagan 2.P.Saminathan 3.P.Murugaiah 4.R.Kumar 5.A.Elanchezhiyan 6.D.Manoharan 7.L.Vijaykumar .. Petitioners

Versus

1.The Managing Director The Tamil Nadu State Transport Corporation (Villupuram) Limited No.1/137, Salamedu Vizhupuram - 605 602 2.The Administrator Tamil Nadu State Transport Corporation Employees Pension Fund Trust No.2, Pallavan Salai, Chennai - 600 062 .. Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents to pay difference in leave salary, difference in gratuity and pension arrears as per 14th wage settlement dated 24.08.2022 with 10% interest to the petitioners. 1/4

For Petitioners : Mr.S.T.Varadarajulu For Respondents : Mr.R.Venkatesaperumal for R1 Mr.C.S.K.Sathish for R2

ORDER

This Writ Petition has been filed seeking to direct the respondents to pay difference in leave salary, difference in gratuity and pension arrears as per 14th wage settlement dated 24.08.2022 with 10% interest to the petitioners.

2. It is the case of the Writ Petitioners that they retired from their service during 2019 & 2020. The grievance of the petitioners are that 14th wage settlement are not paid. In this regard, the petitioners have given representations to the respondents, however, the same have not been considered by the respondents. Hence, the present Writ Petition.

3. Heard Mr.S.T.Varadarajulu, learned counsel for the petitioners and Mr.R.Venkatesaperumal, learned counsel for the first respondent and Mr.C.S.K.Sathish, learned counsel appearing for the second respondent.

4. The learned counsel for the respondents submitted that they would release the eligible amount to the petitioner.

5. This Court, in various decisions, have already taken a view that in all 2/4

cases of belated payment of the terminal benefits, the concerned employee would be entitled for interest at the rate of 4% per annum. Hence, this Court is of the view that the petitioner is entitled for interest at the rate of 4% per annum on the belated payment of the terminal benefits.

6. Accordingly, the respondents are directed to pay the eligible amount payable to the petitioners along with interest at the rate of 4% per annum on the belated payment of the terminal benefits to the petitioners, from the date of their retirement till the date of actual disbursement within a period of eight weeks from the date of receipt of a copy of this Order.

7. With the above direction, this Writ Petition is disposed of. No costs. 29.08.2023 dhk Index:Yes/No Internet: Yes/No N.SATHISH KUMAR, J.

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dhk To 1.The Managing Director The Tamil Nadu State Transport Corporation (Villupuram) Limited No.1/137, Salamedu Vizhupuram - 605 602 2.The Administrator Tamil Nadu State Transport Corporation Employees Pension Fund Trust No.2, Pallavan Salai, Chennai - 600 062 29.08.2023 (1⁄2) 4/4