P.Ramalingam, v. The Managing Director,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 11.12.2024
CORAM:
THE HONOURABLE MRS. JUSTICE V.BHAVANI SUBBAROYAN W.P.No.37364 of 2024 P.Ramalingam
...Petitioner
Vs The Managing Director Tamil Nadu State Transport Corporation ( Salem) Limited, No.12, Ramakrishna Road, Salem - 636 007.
...Respondent
PRAYER: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondent to disburse the belated payment of interest amount of Provident Fund, Gratuity and other unsettle benefits of Arrears of Surrender Leave Salary for the year of 2009-2011, 12 (3) wage settlement Arrears and 10 days salary with effect from 01.03.2023 within the stipulated time fixed by this Court. For Petitioner : Mr.N.Desinghu For Respondent : Mr.K.Raja Standing Counsel 1/5
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 to direct the respondent to disburse the belated payment of interest amount of Provident Fund, Gratuity and other unsettle benefits of Arrears of Surrender Leave Salary for the year of 2009-2011, 12 (3) wage settlement Arrears and 10 days salary with effect from 01.03.2023 within the stipulated time fixed by this Court.
3. The case of the petitioner is that on 19.07.1989, the petitioner was joined as a 'Driver' in the erstwhile, Anna Transport Corporation Salem Ltd now renamed as Tamilnadu State Transport Corporation (Salem) Ltd and retired from service on 28.02.2023 after attaining the age of superannuation. The petitioner was serving as "Selection Grade Senior Driver" in the Head Office. After his retirement, his terminal benefits and interest amount of Provident Fund, Gratuity and other unsettle benefits of Arrears of Surrender Leave Salary for the year of 2/5
2009-2011, 12 (3) wage settlement Arrears and 10 days salary with effect from 01.03.2023 and 10 days salary was not settled till now. Hence, the petitioner made a representation dated 16.11.2024 requesting respondent to settle his terminal benefits. 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 respondent 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 3/5
copy of this Order. With regard to interest for the belated payment it will be 6% interest per annum interest 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.
11.12.2024 Index:Yes/No Speaking order/Non-speaking order msv To The Managing Director Tamil Nadu State Transport Corporation ( Salem) Limited, No.12, Ramakrishna Road, Salem - 636 007.
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V.BHAVANI SUBBAROYAN,J.
msv W.P.No.37364 of 2024 11.12.2024 5/5