T.Jegadeesan (17759) v. Tamil Nadu State Transport Corporation
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 21.11.2024
CORAM:
THE HONOURABLE MRS. JUSTICE V.BHAVANI SUBBAROYAN W.P.No.35114 of 2024 T. Jegadeesan
...Petitioner
Vs
1. Tamil Nadu State Transport Corporation ( Coimbatore) Limited, Represented by its Managing Director, 37, Mettupalayam Road, Coimbatore - 641 043.
2. Tamil Nadu State Transport Corporation(Coimbatore) Ltd., Represented by its General Manager, 37, Mettupalayam Road, Coimbatore - 641 043.
3. The Administrator, Tamil Nadu State Transport Employees' Pension Fund Trust, Thiruvalluvar House, Pallavan Salai, Chennai - 600 002
...Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the Respondents to pay the arrears of difference in wages for the period from 01.01.2022 to 1/6
31.07.2022 as per the settlement dated 24.08.2022 to pay gratuity ,PF, earned leave salary based on the last drawn salary to be fixed and payable as per the settlement dated 24.08.2022, to pay the petitioner full monthly pension w.e.f 01.08.2022 with arrears of difference in pension for the period from 01.08.2022 as per the last drawn salary to be fixed and payable as per the settlement dated 24.08.2022 to pay the petitioner the salary for the 45 days earned leave, which the petitioner has surrendered while he was in service and to pay the petitioner the amounts payable under the social security scheme, family benefit fund scheme and postretirement benefit scheme and to pay the IRT Contribution with interest for all the above benefits and amounts at the rate of 12% p.a within a specified time as fixed by this Court and pass orders. For Petitioner : Mr.R. Krishna Swamy For Respondents 1 and 2 : Mr.C. Gauthamanraj Standing Counsel For Respondent-3 : C.S.K. Sathish
ORDER
By consent of both parties, this writ petition is taken up for final disposal at the stage of admission itself.
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2. The petitioner has filed this writ petition to issue a Writ of Mandamus directing the Respondents to pay the arrears of difference in wages for the period from 01.01.2022 to 31.07.2022 as per the settlement dated 24.08.2022 to pay gratuity ,PF, earned leave salary based on the last drawn salary to be fixed and payable as per the settlement dated 24.08.2022, to pay the petitioner full monthly pension w.e.f 01.08.2022 with arrears of difference in pension for the period from 01.08.2022 as per the last drawn salary to be fixed and payable as per the settlement dated 24.08.2022 and to pay the petitioner the salary for the 45 days earned leave which the petitioner has surrendered while he was in service to pay the petitioner the amounts payable under the social security scheme, family benefit fund scheme and post-retirement benefit scheme and to pay the IRT Contribution with interest for all the above benefits and amounts at the rate of 12% p.a within a specified time as fixed by this Court and pass orders.
3. The case of the petitioner is that he is an retired employee from the Respondent/Corporation. The grievance of the petitioner is that the petitioner retired on 31.07.2022 and the respondents have not yet settled the retirement benefits. Hence, the petitioner made a representation to the 3/6
respondent on 15.09.2022 to pay the actual eligible amount along with interest for the belated payment. However, no action has been taken by the respondent 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 respondent to consider the petitioner's representation and pass orders.
5. The learned standing counsel appearing for the respondent submitted 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 respondent to consider the representation of the petitioner and pass orders on the claim made by the petitioner within a period of twelve weeks from the date of receipt of a copy of this Order. With regard to interest for the belated payment it will be 6% interest per annum interest from the date on which the amount 4/6
became due and payable till the date of disbursement. It is made clear that if the amount is not paid within the time frame fixed by this Court, the same will carry interest at the rate of 12% per annum from the date on which the amount became due and payable till the date of disbursement. 7.With the above directions, this Writ Petition stands disposed of. No order as to costs.
21.11.2024 Index:Yes/No Speaking order/Non-speaking order smn To
1. Tamil Nadu State Transport Corporation ( Coimbatore) Limited, 37, Mettupalayam Road, Coimbatore - 641 043.
2. Tamil Nadu State Transport Corporation(Coimbatore) Ltd., 37, Mettupalayam Road,Coimbatore - 641 043.
3. The Administrator, Tamil Nadu State Transport Employees' Pension Fund Trust, Thiruvalluvar House,Pallavan Salai, Chennai - 600 002 5/6
V.BHAVANI SUBBAROYAN,J.
Smn W.P.No.35114 of 2024 21.11.2024 6/6