J.Anthony Cruz v. The Tamil Nadu State Transport Orporation Limited

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 06.11.2024

CORAM:

THE HONOURABLE MRS. JUSTICE V.BHAVANI SUBBAROYAN W.P.No.31991 of 2024

1. Anthony Cruz

2. A.Rajadore

3. S. Ramasamy

4. L. Eswaran

5. T. Sakthivel

6. S. Ayyasamy

7. R.Gajendran

...Petitioners

Vs

1. The Tamil Nadu State Transport Corporation Ltd., Coimbatore Division I represented by its Managing Director, No.37, Mettupalayam Road, Coimbatore - 641 043.

2. The Administrator, TNSTC Employees Pension Fund Trust, No.2, Pallavan 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 herein to pay interest for the delayed payments made to the petitioners in respect of Gratuity, Leave Surrender, commutation, Provident Fund and Earned Leave and pass orders.

For Petitioner : Mr. D. Anand Raja For Respondents : Mr.p. Gautham Raj Standing Counsel

ORDER

By consent of both parties, this writ petition is taken up for final disposal at the stage of admission itself.

2. The petitioner has filed this writ petition to issue a Writ of Mandamus directing the respondents herein to pay interest for the delayed payments made to the petitioners in respect of Gratuity, Leave Surrender, commutation, Provident Fund and Earned Leave and pass orders.

3. The case of the petitioners are that they are retired employees from the Tamil Nadu State Transport Corporation. The grievance of the 2/5

petitioners are that the Respondents settled the retirement benefits belatedly i.e the first and second petitioners retired in the year 2017 whereas the monetary benefits were settled in the year 2018, the third petitioner retired in the year 2018 and their retirement benefits were settled in the year 2019. The fifth and sixth petitioners retired in the year 2019 and the retirement benefits were settled in the year 2021. The seventh petitioner retired in the year 2022 and his retirement benefits was settled in the year 2023. With regard to fourth petitioner he was retired on 31.01.2019 and his retirement benefits was settled on 26.08.2019. Therefore, the petitioners gave a representation to the respondents requesting to pay the 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 petitioner submitted that it would be suffice if this Court issues a direction to the respondents to consider the petitioner's representation and pass orders.

5. The learned Standing Counsel appearing for the respondents submits that the representation of the petitioners will be considered and 3/5

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 made by either side counsel directs the respondents to consider the representation of the petitioners and pass orders on the claim made with 6% interest per annum , within a period of twelve weeks from the date of receipt of a copy of this Order. This writ petition is disposed of in the above terms. No costs.

06.11.2024 Index:Yes/No Speaking order/Non-speaking order smn 4/5

V.BHAVANI SUBBAROYAN,J.

smn To

1. The Tamil Nadu State Transport Corporation Ltd., Coimbatore Division I represented by its Managing Director, No.37, Mettupalayam Road, Coimbatore - 641 043.

2. The Administrator, TNSTC Employees Pension Fund Trust, No.2, Pallavan Salai, Chennai 600 002.

W.P.No.31991 of 2024 06.11.2024 5/5