C.Rajendran v. The State Of Tamil Nadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 20.12.2024

CORAM

THE HONOURABLE MR.JUSTICE MUMMINENI SUDHEER KUMAR W.P.No.38164 of 2024 C.Rajendran ... Petitioner Vs.

1. The State of Tamil Nadu, Represented by its Principal Secretary, Transport Department, Fort St. George, Chennai - 600 009.

2. The Managing Director, State Express Transport Corporation Ltd., Chennai - 600 002.

3. Tamil Nadu State Transport Corporations, Employees' Pension Fund Trust, Represented by its Administrator, Thiruvalluvar Illam, 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 at the rate of 6% per annum for the belated payment of leave salary, Provident Fund, Gratuity and commutation as sought for in his representation dated

18.11.2024 within a time to be stipulated by this Honourable Court. In all writ petitions For Petitioner : Mr.L.Chandrakumar For R1 : Mr.Yogesh Kannadasan, Special Government Pleader For R2 : Mr.L.S.M.Hasan Faizal, Standing Counsel For R3 : Mr.C.S.K.Sathish, Standing Counsel C O M M O N O R D E R These writ petitions are for a direction to the respondents to pay interest at the rate of 6% per annum for the belated payment of leave salary, Provident Fund, gratuity and commutation of pension.

2. Mr.L.S.M.Hasan Faizal, learned Standing Counsel appearing for the Respondent No.2 and Mr.C.S.K.Sathish, learned Standing Counsel for the Respondent No.3 submit that, in all the similar matters, this Court has consistently allowed the payment with interest at the rate of 6% per annum.

3. In that view of the matter, these Writ Petitions are disposed of on the

following terms:

(i) The respondents are directed to compute the interest at the rate of 6% per annum on the belated payment of Leave Salary, Provident Fund, Gratuity and commutation from the date on which the amount became due, till the date of disbursement, within a period of twelve (12) weeks from the date of receipt of a copy of this order;

(ii) If the amount is not paid within a period of twelve (12) weeks, thereafter, the interest shall be calculated at the rate of 12% per annum from the date on which the amount became due till the date of disbursement. (iii) There shall be no order as to costs. Connected miscellaneous petitions, if any, shall stand closed.

20.12.2024 skr Index : Yes / No Speaking order / Non-speaking order To

1. The Principal Secretary to Government of Tamil Nadu, Transport Department, Fort St. George, Chennai - 600 009.

2. The Managing Director,

State Express Transport Corporation Ltd., Chennai - 600 002.

3. Tamil Nadu State Transport Corporations, Employees' Pension Fund Trust, Represented by its Administrator, Thiruvalluvar Illam, Pallavan Salai, Chennai - 600 002. MUMMINENI SUDHEER KUMAR, J.

skr W.P.Nos.38164, 38168, 38175, 38180, 38182 and 38185 of 2024

20.12.2024