G.Vijayarangan v. The Managing Director

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 20.09.2024

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH G.Vijayarangan .. Petitioner (Service No.CR 6156) Rtd.

Vs.

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

2.The General Manager, Tamil Nadu State Transport Corporation (Salem) Ltd., Dharmapuri Region, Bharathipuram, Dharmapuri - 638 705.

3.The Administrator, Tamil Nadu State Transport Corporation, Employees Post Retirement Welfare Fund Scheme, Thiruvalluvar House, Pallavan Salai, Chennai - 600 002.

.. Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the respondents to disburse the interest for belated payment of Provident Fund, Gratuity, 1/5

Pension Commutation and Leave Encashment amount within the stipulated time as may be fixed by this Court. For petitioner :

Mr.T.Venkatesan For RR 1 & 2 :

Mr.K.Raja Standing Counsel For R3 :

Mr.C.S.K.Sathish Standing Counsel

O R D E R

This writ petition has been filed for the issue of writ of mandamus directing the respondents to pay interest for belated payment of Provident Fund, Gratuity, Pension Commutation and Leave Encashment amount within a stipulated time.

2.The case of the petitioner is that he joined the as Conductor in the erstwhile Annai Sathiya Transport Corporation Dharmapuri, now renamed as Tamil Nadu State Transport Corporation (Salem) Ltd., Dharmapuri and retired from his service on 30.04.2020. 3.The grievance of the petitioner is that after his retirement, the 2/5

provident fund, gratuity, pension commutation and leave encashment was paid belatedly only on 21.05.2021. Hence, the petitioner sent representation dated 31.08.2024 to the respondents seeking for payment of interest for the belated payment. Since the same did not evoke any response, the petitioner has come with the present writ petition for the relief sought for above.

4.Heard the learned counsel for the petitioner, learned Standing Counsel for the respondents 1 & 2 and the learned Standing Counsel for the 3rd respondent.

5.Taking into consideration the facts and circumstances of the case and the materials available on record, this writ petition is disposed of with a direction to the 3rd respondent Corporation to pay the eligible amount with interest at the rate of 6% per annum for the delay period from 30.04.2020 to 21.05.2021 in settling the terminal benefits. This payment shall be made within a period of six (6) weeks from the date of receipt of a copy of this order. It is made clear that if the amount is not paid within the time frame fixed by this Court, it will fetch an interest at the rate of 3/5

12% per annum from the date on which the amount became due and payable till the date of actual realisation.

6.The petitioner is directed to submit a fresh representation to the 3rd respondent along with a copy of this order. No costs. 20.09.2024 krk Index : Yes / No Internet : Yes / No : Yes / No To 1.The Managing Director, Tamil Nadu State Transport Corporation (Salem) Ltd., No.12, Ramakrishna Road, Salem - 636 007.

2.The General Manager, Tamil Nadu State Transport Corporation (Salem) Ltd., Dharmapuri Region, Bharathipuram, Dharmapuri - 638 705.

3.The Administrator, Tamil Nadu State Transport Corporation, Employees Post Retirement Welfare Fund Scheme, Thiruvalluvar House, Pallavan Salai, Chennai - 600 002.

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N.ANAND VENKATESH, J.

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