L.Srinivasan v. The Managing Director
IN THE HIGH COURT OF JUDICATURE OF MADRAS
DATED: 16.12.2022
CORAM:
THE HONOURABLE MR. JUSTICE ABDUL QUDDHOSE L.Srinivasan ..
Petitioner vs
1. The Managing Director Tamil Nadu State Transport Corporation (Villupuram ) Ltd.
3/137, Salamedu Villupuram - 605 602.
2. The General Manager Tamil Nadu State Transport Corporation (Villupuram) Ltd.
Vellore Region Rangapuram, Vellore - 632 009.
3. The Administrator Tamil Nadu State Transport Corporations Employees' Pension Fund Trust Thiruvalluvar Illam Anna Salai, Chennai - 600 002.
..
Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus to direct the respondents to pay interest to 1/6
the petitioner at the rate of 6% per annum for the belated payment of his Earned Leave Salary, Gratuity, Commuted value of pension and Provident Fund within a time limit to be stipulated by this Hon'ble Court. For Petitioner :
Mr.P.Monojkumar For Respondents :
Mr.R.Vekatesa Perumal Standing Counsel
ORDER
By consent of both the parties, this writ petition has been taken up for final disposal at the admission stage itself.
2. Mr.R.Venkatesa Perumal, learned Standing Counsel accepts notice for the respondents.
3. This writ petition has been filed for a Mandamus seeking for a direction to the respondents to pay interest to the petitioner at the rate of 6% per annum for the belated payment of his earned leave salary, gratuity, commuted value of pension and provident fund. 2/6
4. The petitioner's grievance is that the respondents have paid the aforementioned amounts belatedly. In such circumstances, he has given a representation on 07.11.2022 seeking for payment of interest for the said belated payments. Since the representation has not been considered, he has filed this writ petition.
5. Heard Mr.P.Monojkumar, learned counsel for the petitioner and Mr.R.Venkatesa Perumal, learned Standing Counsel for the respondents.
6. The learned counsel for the petitioner would now submit on instructions that the petitioner is willing to give a fresh representation as requested by the learned Standing Counsel appearing for the respondents. No prejudice would be caused to the respondents, if the representation of the petitioner seeking for payment of the interest is considered on merits and in accordance with law, within a time frame to be fixed by this Court.
7. For the foregoing reasons, this Court directs the petitioner to submit a fresh representation to the respondents seeking for payment of 3/6
interest for the belated payments towards earned leave salary, gratuity, commuted value of pension and provident fund, within a period of one week from the date of receipt of a copy of this order. On receipt of the same, the respondents shall pass final orders on merits and in accordance with law, within a period of eight weeks, thereafter.
8. With the aforesaid direction, this writ petition is disposed of. No costs.
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To
1. The Managing Director Tamil Nadu State Transport Corporation (Villupuram ) Ltd.
3/137, Salamedu Villupuram - 605 602.
2. The General Manager Tamil Nadu State Transport Corporation (Villupuram) Ltd.
Vellore Region Rangapuram, Vellore - 632 009.
3. The Administrator Tamil Nadu State Transport Corporations Employees' Pension Fund Trust Thiruvalluvar Illam Anna Salai, Chennai - 600 002.
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ABDUL QUDDHOSE,J.
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