S.Chandrasekaran v. The Managing Director
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 21.12.2024
CORAM:
THE HONOURABLE MRS. JUSTICE V.BHAVANI SUBBAROYAN S.Chandrasekaran ... Petitioner
Versus
1. The Managing Director, Tamil Nadu State Transport Corporation (Villupuram) Ltd., No.3/137, Salamedu, Vazuthareddy Post, Villupuram - 605 602
2. The General Manager, Tamil Nadu State Transport Corporation (Villupuram-III) Ltd., Kancheepuram Region, Bangalore Bye Pass Road, Kanchipuram - 631 552
3. The Administrator, Tamilnadu State Transport Corporation, Employees' Pension Trust Fund, No.2, Pallavan Salai, Chennai - 600 002
...Respondents
Prayer : Writ Petition filed under Article 226 of Constitution of India for an issuance of a Writ of Mandamus directing the respondents to pay 10% interest towards the belated settlement of terminal benefits such as P.F., Gratuity, Leave Salary and Commutation of pension amount and surrendered leave salary in October, 2018 and October, 1/5
2019 and unpaid last retirement month 11 days salary with 10% interest to the petitioner.
For Petitioner : Mr.S.T.Varadarajalu For Respondents : Mr.R.Venkatesa Perumal for R1 and R2 Mr.C.S.K.Sathish for R3 Standing Counsel
O R D E R
The present Writ Petition has been filed by the petitioner for an issuance of a Writ of Mandamus directing the respondents to pay 10% interest towards the belated settlement of terminal benefits such as P.F., Gratuity, Leave Salary and Commutation of pension amount and surrendered leave salary in October, 2018 and October, 2019 and unpaid last retirement month 11 days salary with 10% interest to the petitioner.
2. The case of the petitioner is that the petitioner is a retired employee from the Respondent/Corporation. The grievance of the petitioner is that the terminal benefits were settled after 21 months and the petitioner is entitled for 10% interest towards belated settlement of terminal benefits such as P.F., Grautity, Leave salary and commutation 2/5
of pension amount and surrendered leave salary surrendered in October 2018 and October, 2019 and unpaid last retirement month 11 days salary with 10% interest towards belated settlement and respondents are bound to pay the same, however, the same has not been done. Hence the petitioner submitted representations to the respondents on 19.11.2024 and 06.12.2024 with regard to the said issue. However, no action has been taken by the respondents till date. Hence this petition. 3.The learned counsel for the petitioner submitted that it would suffice if this Court issues a direction to the respondents to consider the petitioner's representation and pass orders.
4. The learned standing counsel appearing for the respondents submitted that the representations 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.
5. Considering the facts of the case, this Court on submission made by either side counsel directs the respondents to consider the representation of the petitioner and pass orders on the claim made by 3/5
the petitioner 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.
6.With the above directions, this Writ Petition stands disposed of. No order as to costs.
21.12.2024 Index : Yes/No Internet: Yes / No Speaking order : Yes/No ssd 4/5
V.BHAVANI SUBBAROYAN, J.
ssd To
1. The Managing Director, Tamil Nadu State Transport Corporation (Villupuram) Ltd., No.3/137, Salamedu, Vazuthareddy Post, Villupuram - 605 602
2. The General Manager, Tamil Nadu State Transport Corporation (Villupuram-III) Ltd., Kancheepuram Region, Bangalore Bye Pass Road, Kanchipuram - 631 552
3. The Administrator, Tamilnadu State Transport Corporation, Employees' Pension Trust Fund, No.2, Pallavan Salai, Chennai - 600 002 21.12.2024 5/5