Padmini v. The Managing Director,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 05.12.2024
CORAM:
THE HONOURABLE MRS. JUSTICE V.BHAVANI SUBBAROYAN W.P.No.36149 of 2024 Padmini
...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.
...Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the Respondents to disburse the interest amount for belated payment of terminal benefits viz., Provident Fund, Gratuity, Leave Salary amount and other consequently direct the respondents to settle the unsettled benefits of Leave surrender amount and 7 days leave salary within the stipulated time as may be fixed by this Hon'ble Court and pass orders.
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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 interest amount for belated payment of terminal benefits viz., Provident Fund, Gratuity, Leave Salary amount and other consequently direct the respondents to settle the unsettled benefits of Leave surrender amount and 7 days leave salary within the stipulated time 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 27.02.2023 whereas the retirement benefits were settled only on 30.10.2024. It is also stated that there was some due amount with regard to earned leave. Therefore, the petitioner gave a representation to the respondents on 14.11.2024 with regard to the said issue. However, no action has been taken by the respondent till date. Hence this petition.
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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 and taking note of the submissions made by either side, directs the respondents to consider the representation of the petitioner and pass orders on the claim made by the petitioners 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 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.
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7.With the above directions, this Writ Petition stands disposed of. No order as to costs.
05.12.2024 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 - 636 007.
2. The General Manager, Tamil Nadu State Transport Corporation ( Salem) Ltd, Dharmapuri Region, Bharathipuram, Dharmapuri.
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V.BHAVANI SUBBAROYAN,J.
Smn W.P.No.36149 of 2024 05.12.2024 1/2 5/5