V.Munusamy - 61181, v. The Managing Director,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 28.11.2024
CORAM:
THE HONOURABLE MRS. JUSTICE V.BHAVANI SUBBAROYAN W.P.No.35618 of 2024 V.Munusamy
...Petitioner
Vs
1. The Managing Director, Tamil Nadu State Transport Corporation ( Villupuram) Ltd., 3/137, Salamedu, Valudha Reddy P.O, Villupuram 605 602.
2. The General Manager, Tamil Nadu State Transport Corporation ( Villupuram) Ltd, Kancheepuram Regional Office, Ponnerikarai, Chennai-Bangaluru Highway, Kancheepuram 631 552
3. The Administrator Tamil Nadu State Transport Corporation 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 interest amount to the petitioner for the belated payment of Service 1/6
Gratuity, Leave Salary and Commutation of Pension amount at the rate of 6% per annum for 21 months of delayed payment in the light of the Judgment passed by this Hon'ble Court on 23.10.2024 in W.P.No.30766 of 2024 and pass orders.
For Petitioner : Mr.N. Ishak For Respondents : Mr.Venkatesa Perumal 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 to pay interest amount to the petitioner for the belated payment of Service Gratuity, Leave Salary and Commutation of Pension amount at the rate of 6% per annum for 21 months of delayed payment in the light of the Judgment passed by this Curt in W.P.No.30766 of 2024 on 23.10.2024 and pass orders.
3. The case of the petitioner is that the petitioner worked as Conductor and retired from the Respondent/Corporation. The grievance of the petitioner is that the respondent management has settled the 2/6
retirement benefits to the petitioner belatedly. Therefore, the petitioner gave a representation to the respondents on 07.12.2023 and a reminder on 01.11.2024 requesting to pay the 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 respondents 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 3/6
copy of this Order with 6% interest per annum from the date on which the amount 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.
28.11.2024 Index:Yes/No Speaking order/Non-speaking order smn To 4/6
1. The Managing Director, Tamil Nadu State Transport Corporation ( Villupuram) Ltd., 3/137, Salamedu, Valudha Reddy P.O, Villupuram 605 602.
2. The General Manager, Tamil Nadu State Transport Corporation ( Villupuram) Ltd, Kancheepuram Regional Office, Ponnerikarai, Chennai-Bangaluru Highway, Kancheepuram 631 552
3. The Administrator Tamil Nadu State Transport Corporation Employees pension Fund Trust, Thiruvalluvar House, Pallavan Salai, Chennai 600 002 5/6
V.BHAVANI SUBBAROYAN,J.
Smn W.P.No.35618 of 2024 28.11.2024 6/6