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Madras High CourtWP/27234/2023disposed of

J.Vetrivel v. The Managing Director

2023-09-19Honourable Mr Justice N. Sathish Kumar4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 19.09.2023

CORAM

THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR J.Vetrivel ... Petitioner in W.P.No.27234 of 2023 Y.Dhandapani ... Petitioner in W.P.No.27236 of 2023 Vs.

1.The Managing Director, Tamil Nadu State Transport Corporation (Villupuram) Ltd., No.3/137, Salamedu, Vizhupuram - 605 602.

2.The Administrator, Tamil Nadu State Transport Corporation, Employees Pension Fund Trust, No.2, Pallavan Salai, Chennai- 600 002.

... Respondents in both Writ Petitions PRAYER in W.P.No.27234 of 2023: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents to pay difference in leave salary, difference in gratuity and pension arrears with 10% interest as per 14th wage settlement dated 24.08.2023 to the petitioner.

PRAYER in W.P.No.27236 of 2023: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents to pay difference in leave salary, difference in gratuity and pension arrears with 10% interest as per 14th wage settlement dated 23.08.2023 to the petitioner.

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For Petitioners in both Writ Petitions :

Mr.S.T.Varadharajalu For Respondents in both Writ Petitions :

Mr.R.Venkatesaperumal-R1 Mr.C.S.K.Sathish-R2 COMMON ORDER Writ Petitions have been filed to direct the respondents to pay difference in leave salary, difference in gratuity and pension arrears with 10% interest as per 14th wage settlement dated 24.08.2022 to the petitioners. 2.It is the case of the Writ Petitioners that they retired from service on 31.12.2019 & 31.05.2022. The grievance of the petitioners is that the 14th wage settlement benefit was not extended to the petitioners. Hence, the petitioners are claiming the difference in gratuity, leave salary and difference in pension. 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 Petitions have been filed to settle the above amount along with 10% interest. 3.Heard Mr.S.T.Varadarajulu, learned counsel for the petitioners, Mr.R.Venkatesa Perumal, learned counsel appearing for the first Page No.2 of 4

respondent and Mr.C.S.K.Sathish, learned counsel appearing for the second respondent in both Writ Petitions.

4.The learned counsel for the respondents submitted that they would release the eligible amount to the petitioners. 5.This Court, in various decisions, have already taken a view that in all 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 petitioners are 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. Page No.3 of 4

N.SATHISH KUMAR , J.

vv2 7.With the above direction, Writ Petitions are disposed of. No costs.

19.09.2023 Index : Yes/No Internet: Yes/No Speaking Order/Non-Speaking Order vv2 To 1.The Managing Director, Tamil Nadu State Transport Corporation (Villupuram) Ltd., No.3/137, Salamedu, Vizhupuram - 605 602.

2.The Administrator, Tamil Nadu State Transport Corporation, Employees Pension Fund Trust, No.2, Pallavan Salai, Chennai- 600 002.

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