Madhaiyan v. The Managing Director,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 05.11.2024

CORAM:

THE HONOURABLE MRS. JUSTICE V.BHAVANI SUBBAROYAN W.P.No.32310 of 2024 Madhaiyan

...Petitioner

Vs

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

2. The General Manager, Tamil Nadu State Transport Corporation, ( Villupuram ) Ltd., Dharmapuri Region, Bharathipuram Dharmapuri.

...Respondents

PRAYER: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the Respondents to disburse the 6% interest for belated payment of Provident Fund, Gratuity and Earned Leave Salary and consequently direct the Respondents to pay the unsettled benefits of leave encashment amount and last 7 days salary and pass orders.

1/4

For Petitioner : Mr. J. Pradeep For Respondents : Mr.K. Raja 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 seeking a direction to the respondents to pay the petitioner interest at the rate of 6% interest for belated payment of Provident Fund, Gratuity and Earned Leave Salary.

3. The case of the petitioner is that he is an retired employee from the Tamil Nadu State Transport Corporation. The grievance of the petitioner is that the retirement benefits of the petitioner i.e Provident Fund, Gratuity and Earned Leave Salary was settled on 30.01.2021, whereas the petitioner was retired on 30.06.2019. Therefore, the petitioner gave a representation to the first respondent on 19.09.2024 requesting to pay the interest for the belated payment. However, no action has been taken by the respondent till date. Hence this petition. 2/4

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 petitioner will be considered and will pay the eligible amount with 6% interest P.A 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 petitioner and pass orders on the claim made with 6% interest P.A, 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.

05.11.2024 Index:Yes/No Speaking order/Non-speaking order smn 3/4

V.BHAVANI SUBBAROYAN,J.

smn To

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

2. The General Manager, Tamil Nadu State Transport Corporation, ( Villupuram ) Ltd., Dharmapuri Region, Bharathipuram Dharmapuri.

W.P.No.32310 of 2024 05.11.2024 4/4