B.Ravivanan v. The Managing Director

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 04.12.2024

CORAM:

THE HONOURABLE MRS. JUSTICE V.BHAVANI SUBBAROYAN W.P.No.36277 of 2024

1. B. Ravivanan

2. V.Balasundaram

3. E.Ravichandaran

4. M.Paramasivam

5. S.Nirmal Santh

...Petitioners

Vs

1. The Managing Director, Metropolitan Transport Corporation, (Chennai) Ltd., No.2, Anna Salai, Chennai - 600 002.

2. The Administrator Tamil Nadu State Transport Corporation, Employees pension Fund Trust, No.2, Pallavan Salai, Chennai 600 002

...Respondent

PRAYER: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the Respondents to pay interest @ 10% for the belated payment of terminal benefits such as Gratuity, Provident Fund, Leave Salary and commutation of pension amount t o the petitioners and pass orders.

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For Petitioners : Mr.S.T. Varadarajulu For Respondent-1 : Mr.R. Balaji Standing Counsel For Respondent-2 : Mr.C.S.K.Sathish, 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 petitioners have filed this writ petition to issue a Writ of Mandamus directing the Respondents to pay interest @ 10% for the belated payment of terminal benefits such s Gratuity, Provident Fund, Leave Salary and commutation of pension amount to the petitioners and pass orders.

3. The case of the petitioners are that the petitioners are retired employees from the Respondent/Corporation. The grievance of the petitioners are that the respondents settled the terminal benefits to the petitioners belatedly. Therefore, the petitioners gave a representation to the respondents on 24.10.2024 with regard to the said issue. However, no action has been taken by the respondent till date. Hence this petition. 2/5

4.The learned counsel for the petitioners 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 petitioners 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 petitioners and pass orders on the claim made by the petitioners within a period of twelve 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.

04.12.2024 Index:Yes/No Speaking order/Non-speaking order smn To

1. The Managing Director, Tamil Nadu State Transport Corporation ( Chennai) Ltd., No.2, Anna Salai, Chennai - 600 002.

3. The Administrator Tamil Nadu State Transport Corporation, Employees pension Fund Trust, No.2 Pallavan Salai, Chennai 600 002 4/5

V.BHAVANI SUBBAROYAN,J.

Smn W.P.No.36277 of 2024 04.12.2024 1/2 5/5