Dhamodharan v. The Managing Director
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 25.11.2024
CORAM:
THE HONOURABLE MR. JUSTICE J.SATHYA NARAYANA PRASAD Dhamodharan ... Petitioner Vs.
1. The Managing Director, Tamil Nadu State Express Transport Corporation (Salem) Limited, No.12, Ramakrishna Road, Salem-636 007.
2. The General Manager, Tamil Nadu State Express Transport Corporation (Salem) Limited, Dharmapuri Region, Bharathipuram, Dharmapuri.
3.The Administrator, TNSTC Employees Pension Trust, Tiruvalluvar House, No.2, Pallavan Salai, Chennai-600 002.
... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of a direction in the nature of Writ of Mandamus, directing the respondents to disburse the belated payment of interest amount of Provident Fund, Gratuity, Pension Commutation and Leave liability amount and consequently settle the other unsettled benefits of Leave Surrender amount and last 7 days salary within the stipulated time as may be 1/6
fixed this Court.
For Petitioner : Mr.J.Pradeep For Respondents : Mr.K.Raja Standing Counsel
O R D E R
This writ petition is filed to direct the respondents to disburse the belated payment of interest amount of Provident Fund, Gratuity, Pension Commutation and Leave liability amount and consequently settle the other unsettled benefits of Leave Surrender amount and last 7 days salary within the stipulated time as may be fixed this Court.
2. The case of the petitioner is that the petitioner joined as a Conductor in the respondent Corporation on 18.08.1997 and retired from service under VRS on 21.06.2022. The terminal benefits were paid to the petitioner only on 31.05.2023 after a delay of 11 months without interest. Hence, he sent a representation of the petitioner dated 12.09.2024 to the respondents to settle the terminal benefits, but the same was not considered.
3. The learned counsel for the petitioner submitted that the petitioner retired from service on 21.06.2022, and the terminal benefits were 2/6
paid to the petitioner only on 31.05.2023. Hence, he sent a representation to the respondents on 12.09.2024 to settle the terminal benefits, but the same was not considered till date. Hence, the petitioner has filed this writ petition before this Court seeking interest for the belated settlement of terminal benefits.
4. Mr.K.Raja, the learned standing counsel takes notice for respondents.
5. The learned standing counsel submits that the petitioner's representation dated 12.09.2024 would be considered on merits and in accordance with law by the Authority concerned.
6. Heard the learned counsel on both sides and perused the materials available on record.
7. In view of the above, the respondents are directed to settle the terminal benefits with 6% interest for the belated period from 22.06.2022 to 31.05.2023, and to consider the same based on the representation of the petitioner dated 12.09.2024, and pass appropriate orders on merits and in 3/6
accordance with law and as per rules, within a period of eight weeks from the date of a receipt of a copy of this order. If the benefits are not settled in eight weeks, the respondent shall pay interest of 12% for the delay period.
8. In the result, the writ petition stands disposed of with the above observation and direction. No costs.
25.11.2024 ssn Index : Yes/No Speaking/Non Speaking order To
1. The Managing Director, Tamil Nadu State Express Transport Corporation (Salem) Limited, No.12, Ramakrishna Road, Salem-636 007.
2. The General Manager, Tamil Nadu State Express Transport Corporation (Salem) Limited, Dharmapuri Region, Bharathipuram, Dharmapuri.
3.The Administrator, TNSTC Employees Pension Trust, Tiruvalluvar House, No.2, Pallavan Salai, Chennai-600 002.
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J.SATHYA NARAYANA PRASAD, J., ssn 5/6
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