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Madras High CourtWP/35591/2023disposed of

M.Rajendaran v. The Managing Director

2024-01-03Honourable Mr Justice G.K. Ilanthiraiyan6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.01.2024

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN 1.M.Rajendaran 2.J.Mohanasundaram 3.V.Anbalagan

...Petitioners

-Vs1.The Managing Director, Tamil Nadu State Transport Corporation (Villupuram) Limited, No.3/137, Salamedu, Vizhupuram - 605 602.

2.The General Manager, Tamil Nadu State Transport Corporation (Villupuram) Limited, Cuddalore Region, No.2, Imperial Road, Cuddalore, Cuddalore District - 607 002.

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

... Respondents

Prayer : Writ Petition filed under Article 226 of Constitution of India praying for the issuance of a Writ of Mandamus, directing the respondents to pay difference in leave salary, difference in gratuity and pension arrears as per 14th wage settlement dated 24.08.2022 with 10% interest to the petitioners. For Petitioners : Mr.S.T.Varadarajalu For Respondents : Mr.R.Venakatesa Perumal 1&2 Standing Counsel For Respondent 3 : Mr.C.S.K.Sathish

ORDER

This writ petition has been filed seeking direction to direct the respondents to pay difference in leave salary, difference in gratuity and pension arrears as per 14th wage settlement dated 24.08.2022 with 10% interest to the petitioners.

2. It is the case of the writ petitioners that they joined in the respondents corporation and rendered their service nearly 23 to 28 years. The petitioners were retired from their service on 31.05.2022 and 31.07.2022 respectively. It is the grievance of the writ petitioners that the respondents paid retirement benefits viz., Leave Salary, Gratuity and pension arrears belatedly without any interest.

Hence, they made representations on 27.11.2023, 29.11.2023 and 30.11.2023 respectively, requesting the respondents to pay interest at the rate of 10% per annum for retirement benefits viz., Leave Salary, Gratuity and pension arrears and to pay other unsettled terminal benefits and the same have not been considered. Hence, this writ petition.

3. It is the contention of the learned counsel for the petitioners that though certain retirement benefits have been paid, it was paid belatedly and still other terminal benefits have not been paid. The retirement benefits have not been paid on time, which is the last source of income to the retired employee.

4. In such view of the matter, the respondents Corporation is directed to pay 6% interest per annum for the belated payments of retirement benefits paid to the petitioners and also directed to disburse the unpaid terminal benefits, if any, within a period of two months from the date of receipt of copy of this order, with interest at the rate of 6% per annum for delayed period.

5. With the above direction, this writ petition is disposed of. There shall

be no order as to costs.

03.01.2024 (1/2) Internet: Yes Index : Yes/No Speaking/Non Speaking order gvn Note : - Issue order copy on 16.05.2024

To 1.The Managing Director, Tamil Nadu State Transport Corporation (Villupuram) Limited, No.3/137, Salamedu, Vizhupuram - 605 602.

2.The General Manager, Tamil Nadu State Transport Corporation (Villupuram) Limited, Cuddalore Region, No.2, Imperial Road, Cuddalore, Cuddalore District - 607 002.

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

G.K.ILANTHIRAIYAN. J, gvn 03.01.2024 (1/2)