R.Chennakrishnan (Rtd Staff No. Dr6195) v. The Managing Director
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 28.10.2024
CORAM
THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH R.Chennakrishnan (Rtd. Staff No.DR6195) .. 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 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 belated payment of interest amount of Provident Fund, Gratuity, Earned Leave Salary and other unsettle benefits of Arrears of Surrender Leave Salary for the year of 2009-2011 & 2017-2018, 12(3) wage settlement arrears and 10 days salary with effect from 01.07.2022 within the stipulated time as may be fixed by this Court. 1/6
For Petitioner :
Mr.N.Desinghu For Respondents :
Mr.K.Raja Standing Counsel
O R D E R
This writ petition has been filed for the issue of writ of mandamus directing the respondents to disburse the belated payment of interest amount of Provident Fund, Gratuity, Earned Leave Salary and other unsettle benefits of Arrears of Surrender Leave Salary for the year of 2009-2011 & 2017-2018, 12(3) wage settlement arrears and 10 days salary with effect from 01.07.2022 within the stipulated time as may be fixed by this Court.
2.The case of the petitioner is that he joined as Driver in the respondent Corporation in the year 1996 and he retired from his services on 30.06.2022.
3.The grievance of the petitioner is that after his retirement, the terminal benefits were paid belatedly on 07.06.2023 and benefits of arrears of surrender leave salary for the year of 2009-2011 & 2017-2018, 2/6
12(3) wage settlement arrears and 10 days salary were not settled to the petitioner till date. Hence, the petitioner sent representation dated 11.09.2024 to the respondents seeking to take steps to settle his terminal benefits with interest. 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 and the learned Standing Counsel for the respondents.
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 respondents to pay the eligible amount with interest at the rate of 6% per annum for the delay period 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 12% per annum from the date on which the amount became due and payable till the date of actual 3/6
realisation.
6.The petitioner is directed to submit a fresh representation to the 2nd respondent along with a copy of this order. No costs. 28.10.2024 krk Index : Yes / No Internet : Yes / No : Yes / No 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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N.ANAND VENKATESH, J.
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