A.Rajamani v. The Managing Director

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 11.10.2023

CORAM

THE HON'BLE MRS.JUSTICE V.BHAVANI SUBBAROYAN Writ Petition Nos.29409, 29411, 29413 and 29415 of 2023 A.Rajamani ... Petitioner in W.P.No.29409 of 2023 C.Kanagaraj ... Petitioner in W.P.No.29411 of 2023 T.Marimuthu ... Petitioner in W.P.No.29413 of 2023 T.Jayaram ... Petitioner in W.P.No.29415 of 2023 Vs.

1. The Managing Director, Tamil Nadu State Transport Corporation (CBE) Limited, No.37, Mettupalayam Road, Coimbatore - 641 043.

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2. The Administrator, Tamil Nadu State Transport Corporation, Employees Pension Fund Trust, Pallavan Salai, Chennai - 600 003.

... Respondents in all WPs Common prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing respondents 1 and 2 to pay interest for the delayed payments made to the petitioner in respect of provident fund, gratuity, earn leave salary, earn leave surrender amount etc., For Petitioner : Mr.M.Tamil Thendral Arasu in all W.Ps For Respondent : Mr.M.Murali Vinoth for R1 in all W.Ps Mr.C.S.K.Sathish for R2 COMMON ORDER These Writ Petitions have been filed seeking for a direction to the respondents 1 and 2 to pay interest for the delayed payments made to the petitioners in respect of Provident Fund, Gratuity, Earn Leave salary, Earn leave surrender amount etc., 2/6

2.With consent on either side, the main Writ Petitions itself are taken up for final disposal at the admission stage. 3.The brief facts of the case is that the petitioners joined the services of the respondents as Conductors and they have rendered nearly 25 years of continuous service. The petitioners retired during the year 2022. After retirement, the respondents had not settled the terminal benefits and the amount was settled on installment basis belatedly after a long time. The petitioners have sent representations to pay interest for the belated payment, however, till date the respondents neither replied nor settled the interest for the belated payment, hence this petition.

4.The learned counsel for the petitioners would submit that the Hon'ble Division Bench of this Court in W.A.No.665 of 2018 dated 3/6

28.03.2018 has ordered to pay interest for the belated payment, therefore, the representation was sent to the authorities, however, the same has not been considered, thereby seeks a direction to the respondents to consider the same.

5. On the other hand, learned standing counsels appearing on behalf of the respondents submits that representation made by the petitioners will be considered strictly in accordance with Law. Further, the petitioners have claimed interest at the rate of 18%, if the petitioners are found eligible appropriate orders will be passed fixing the interest prevailing as on date within a time to be fixed by this Court.

6. Taking into consideration of the facts and circumstances of the case and without going into the merits of the matter, there shall be a direction to the respondents to consider the representations 4/6

made by the petitioners and to pay interest at the rate of 4% for the belated payment and pass appropriate orders in accordance with Law within a period of four weeks from the date of receipt of a copy of this order, if there is no legal impediment. In view of the above, these Writ Petitions are disposed of. No costs.

11.10.2023 Index : Yes/No Speaking order:Yes/No mps To

1. The Managing Director Tamil Nadu State Transport Corporation (CBE) Ltd., No.37, Mettupalayam Road Coimbatore - 641 043

2. The Administrator, Tamil Nadu State Transport Corporation, Employees Pension Fund Trust Pallavan Salai Chennai - 600 003.

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V.BHAVANI SUBBAROYAN, J mps W.P.Nos.29409, 29411, 29413 and 29415 of 2023 11.10.2023 6/6