S.Govindan - 62177 v. The Managing Director
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 20.12.2024
CORAM
THE HONOURABLE MR.JUSTICE MUMMINENI SUDHEER KUMAR S.Govindan ... Petitioner Vs.
1. The Managing Director, Tamil Nadu State Transport Coporation (Villupuram) Ltd., 3/137, Salamedu, Valudhareddy Post, Villupuram - 605 602.
2. The General Manager, Tamil Nadu State Transport Corporation (Villupuram) Ltd., Kancheepuram Regional Office, Ponnerikarai, Chennai - Bengaluru Highway, Kancheepuram - 631 552.
3. The Administrator, Tamil Nadu State Transport Corporation Employees Pension Fund Trust, Thiruvalluvar House, Pallavan Salai, Chennai - 600 002.
... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents to pay interest amounts to the petitioner for the belatedly paid provident Fund, Service Gratuity, leave Salary and Commutation of Pension amount at the rate of 6% per annum for 22 months of delayed payment in the light of the judgement
passed by this Honble Court on 23.10.2024 in W.P. No 30766 of 2024. For Petitioner : Mr.N.Ishak For R1 & R2 : Mr.R.Venkatesa Perumal, Standing Counsel For R3 :Mr.C.S.K.Sathish, Standing Counsel
O R D E R
This writ petition has been filed seeking issuance of a writ of mandamus directing the respondents to pay interest to the petitioner at the rate of 6% per annum for the belated payment of his Provident Fund, Service Gratuity, Leave Salary and Commutation of Pension.
2. Heard Mr.N.Ishak, learned counsel appearing for petitioner, Mr.R.Venkatesa Perumal, learned Standing Counsel appearing for the respondents 1 and 2 and Mr.C.S.K.Sathish, learned Standing Counsel appearing for the Respondent No.3.
3. The case of the petitioner is that he was working as a Special Grade Conductor in the respondent Corporation and retired from service on 31.12.2022.
4. The grievance of the petitioner pertains to the delay of 22 months in settling the terminal benefits payable to the petitioner. According to the petitioner, he is entitled to get interest at the rate of 6% per annum for the belated payment of Provident Fund, Service Gratuity, Leave Salary and Commutation of Pension. However, this was not settled in spite of a representation made by the petitioner. It is under these circumstances, the present writ petition has been filed before this Court.
5. Taking into consideration the facts and circumstances of the case and the materials available on record, this writ petition is disposed of with a direction to the respondent Corporation to pay the eligible amount as payable to the petitioner along with interest at the rate of 6% per annum for the delay period in settling the said amount. This payment shall be made within a period of six weeks from the date of receipt of a copy of this order. It is made clear that if the amount is not paid within the time frame fixed by this Court, it will fetch an interest at the rate of 12% per annum from the date on which the amount became due and payable till the date of actual realisation.
6. The petitioner is directed to submit a fresh representation to the respondents 1 and 2 along with a copy of this order.
MUMMINENI SUDHEER KUMAR, J.
skr
7. This writ petition is disposed of with the above directions. No costs. Connected miscellaneous petitions, if any, shall stand closed. 20.12.2024 skr Index : Yes / No Speaking order / Non-speaking order To
1. The Managing Director, Tamil Nadu State Transport Coporation (Villupuram) Ltd., 3/137, Salamedu, Valudhareddy Post, Villupuram - 605 602.
2. The General Manager, Tamil Nadu State Transport Corporation (Villupuram) Ltd., Kancheepuram Regional Office, Ponnerikarai, Chennai - Bengaluru Highway, Kancheepuram - 631 552.
3. The Administrator, Tamil Nadu State Transport Corporation Employees Pension Fund Trust, Thiruvalluvar House, Pallavan Salai, Chennai - 600 002.