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Madras High CourtWP/30158/2024disposed of

R.Arumugam v. The Managing Director

2024-10-17Honourable Mr Justice N. Anand Venkatesh4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 17.10.2024

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH R.Arumugam S/o.Ramasamy ... Petitioner Vs.

1.The Managing Director, Tamil Nadu State Transport Corporation (Salem) Ltd., Salem Division, No.12, Ramakrishna Road, Post Box No.713, Salem - 636 007.

2.The General Manager, Tamil Nadu State Transport Corporation (Salem) Ltd., Salem Division, No.12, Ramakrishna Road, Post Box No.713, Salem - 636 007.

3.The Administrator, Tamil Nadu State Transport Corporation Employees Pension Fund Trust, Thiruvalluvar House, Pallavan Salai, Chennai - 600 002.

... Respondents Writ Petition filed under Article 226 of the Constitution of India seeking issuance of a Writ of Mandamus directing the respondents to settle the interest for the belated payment of retirement benefits such as Gratuity, Earned Leave, Commutation of Pension and Provident Fund payable to the petitioner with 6% interest within the time frame that may 1/4

be stipulated by this Court.

For Petitioner : Mr.N.Sudhagar Nagaraj For Respondents : Mr.K.Raja, Standing Counsel [R1 & R2] Mr.C.S.K.Sathish, Standing Counsel [R3] *****

O R D E R

This writ petition has been filed seeking issuance of a writ of mandamus directing the respondents to settle the interest for the belated payment of retirement benefits such as Gratuity, Earned Leave, Commutation of Pension and Provident Fund payable to the petitioner with 6% interest within the time frame fixed by this Court.

2. Heard Mr.N.Sudhagar Nagaraj, learned counsel for petitioner, Mr.K.Raja, learned Standing Counsel appearing for respondents 1 and 2 and Mr.C.S.K.Sathish, learned Standing Counsel appearing for third respondent.

3. The case of the petitioner is that he joined in the respondent transport corporation on 17.02.1990 and worked as Selection Grade Senior Conductor and he retired from service on 30.06.2018.

4. The grievance of the petitioner is that even though he retired from service as early as on 30.06.2018, the respondents have settled the 2/4

terminal benefits only on 22.09.2019 without interest. In view of the same, the petitioner submitted a representation to the respondent on 25.07.2024 in this regard. Since the same was not considered, the present writ petition has been filed.

5. Taking into consideration the facts and circumstances of the case and the grievance expressed by the petitioner, there shall be a direction to the respondents to pay the eligible and admissible amount with interest at the rate of 6% p.a. for the belated payment to the petitioner 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 interest at the rate of 12% p.a. 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 respondents along with a copy of this order. 3/4

N.ANAND VENKATESH, J gm This Writ Petition is disposed of with the above direction. No costs.

17.10.2024 Index: yes/no Speaking Order/Non-Speaking Order gm To 1.The Managing Director, Tamil Nadu State Transport Corporation (Salem) Ltd., Salem Division, No.12, Ramakrishna Road, Post Box No.713, Salem - 636 007.

2.The General Manager, Tamil Nadu State Transport Corporation (Salem) Ltd., Salem Division, No.12, Ramakrishna Road, Post Box No.713, Salem - 636 007.

3.The Administrator, Tamil Nadu State Transport Corporation Employees Pension Fund Trust, Thiruvalluvar House, Pallavan Salai, Chennai - 600 002.

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