G.Palani v. The Managing Director
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 06.11.2024
CORAM:
THE HONOURABLE MRS. JUSTICE V.BHAVANI SUBBAROYAN W.P.No.31946 of 2024
1. G. Palani
2. P. Pandiyan
3. V.Lakshmipathi
4. P.Suseela
5. S.Selvi
...Petitioners
Vs
1. The Managing Director, Tamil Nadu State Transport Corporation ( Villupuram) Limited, No.3/137, Salamedu, Kandamanadi P.O, Villupuram - 605 401.
2. The General Manager, Tamil Nadu State Transport Corporation ( Villupuram) Limited, Cuddalore Region, No.2, Imperial Road, Cuddalore - 607 002.
3. The Administrator, Tamil Nadu State Transport Corporation, Employees Pension Fund Trust, No.2, Pallavam Salai, Chennai 600 002.
...Respondents
1/5
PRAYER: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the Respondents to pay the difference in Gratuity and leave salary based on DA increase and 14th wage settlement and pension arrears with 10% interest and interest for belated payment of terminal benefits as shown in paragraph 5 of the affidavit to the petitioner and to pass orders. For Petitioner : Mr. S.T. Varadarajalu For Respondents : Mr. R. Venkatesa Permal Standing Counsel
ORDER
The petitioner has filed this writ petition to issue a Writ of Mandamus directing the Respondents to pay the difference in Gratuity and leave salary based on DA increase and 14th wage settlement and pension arrears with 10% interest and interest for belated payment of terminal benefits .
2. Mr.Venkatesa Perumal takes notice for the respondent. In view of consent expressed by either side, this writ petition is taken up for disposal at the admission stage itself.
3. The case of the petitioners are that they are retired employees 2/5
from the Tamil Nadu State Transport Corporation. The grievance of the petitioners is that the retirement benefits was not calculated as per the 14th wages settlement which was in existence at the time of their retirement and the terminal benefits was calculated as per the pre-revised basic pay. Therefore, the petitioners gave a representation to the respondents requesting to pay the difference amount along with interest for the belated payment. However, no action has been taken by the respondents till date. Hence this petition.
4.The learned counsel for the petitioners submitted that it would be suffice if this Court issues a direction to the respondents to consider the petitioners representation and pass orders.
5. The learned Standing Counsel appearing for the respondents submits that the representation of the petitioners will be considered and will pay the eligible amount with 6% interest per annum as per the earlier orders of this Court.
6. Considering the facts of the case, this Court on submission 3/5
made by either side counsel directs the respondents to disburse the eligible amount as per the rules, within a period of twelve weeks from the date of receipt of a copy of this Order with 6% interest P.A from the date of which the amount became due, till the date of disbursement. 7.With the above directions, this Writ Petition stands disposed of. No order as to costs.
06.11.2024 Index:Yes/No Speaking order/Non-speaking order smn To
1. The Managing Director, Tamil Nadu State Transport Corporation ( Villupuram) Limited, No.3/137, Salamedu, Kandamanadi P.O, Villupuram - 605 401.
2. The General Manager, Tamil Nadu State Transport Corporation ( Villupuram) Limited, Cuddalore Region, No.2, Imperial Road, Cuddalore - 607 002.
3. The Administrator, Tamil Nadu State Transport Corporation, Employees Pension Fund Trust, 4/5
V.BHAVANI SUBBAROYAN,J.
Smn W.P.No.31946 of 2024 06.11.2024 3/4 5/5