Loganathan v. The Managing Director
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 03.12.2024
CORAM:
THE HONOURABLE MRS. JUSTICE V.BHAVANI SUBBAROYAN W.P.No.35815 of 2024 Loganathan
...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 ( Salem ) Ltd., Dharmapuri Region, Bharathipuram, Dharmapuri.
3. The Administrator Tamil Nadu State Transport Corporation Employees Post Retirement Welfare 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 disburse 1/5
the belated payment of interest amount of provident Fund, Gratuity, Pension Commutation and leave liability amount and consequently direct the respondents to settle the other unsettled benefits of Leave Surrender amount and last 7 days salary within the stipulated time as may be fixed by this Hon'ble Court and pass orders.
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 to issue a 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 direct the respondents to settle the other unsettled benefits of Leave Surrender amount and last 7 days salary within the stipulated time and pass order.
3. The case of the petitioner is that he is a retired employee from the Respondent/Corporation. The grievance of the petitioner is that the petitioner retired on 31.05.2019, whereas the retirement benefits were settled only on 03.02.2021. Therefore, the petitioner gave a representation to the respondents on 12.11.2024 to give interest for the belated payment. 2/5
However, no action has been taken by the respondents 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 respondents 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 respondents to consider the representation of the petitioner and pass orders on the claim made by the petitioner within a period of eight weeks from the date of receipt of a 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 3/5
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.
03.12.2024 Index:Yes/No Speaking order/Non-speaking order smn To
1. The Managing Director, Tamil Nadu State Transport Corporation ( Salem ) Ltd., No.12, Ramakrishna Road, Salem-66 007.
2. The General Manager, Tamil Nadu State Transport Corporation ( Salem ) Ltd., Dharmapuri Region, Bharathipuram, Dharmapuri.
3. The Administrator Tamil Nadu State Transport Corporation Employees Post Retirement Welfare Fund Trust, Thiruvalluvar House, Pallavan Salai, Chennai 600 002 4/5
V.BHAVANI SUBBAROYAN,J.
Smn W.P.No.35815 of 2024 03.12.2024 5/5