N. Nandagopal D.I St, No 13886 (Retired) v. The Managing Director
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 02.01.2025
CORAM:
THE HONOURABLE MRS. JUSTICE V.BHAVANI SUBBAROYAN W.P.No.38987 of 2024 N. Nandagopal
...Petitioner
Vs
1. The Managing Director, Tamilnadu State Transport Corporation ( Villupuram) Ltd., Kancheepuram Region, No.3/137, Salamedu, Varuthareddy Post, Villupuram 605 602.
2. The Administrator, Tamilnadu State Transport Corporation Pension Fund Trust Tiruvalluvar House, Pallavan Salai, Chennai 600 002.
...Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondents to pay the difference in payment of terminal benefits namely Gratuity, Leave Salary, Commutation of pension, Arrears of pension and the arrears of wages for the period from 01.09.2019 ( Date of Settlement) to 30.04.2020 ( Date of retirement) together with interest @ 6% per annum in terms of 14th Wage Revision Settlement to the petitioner and pass orders. 1/5
For Petitioner : Mr.V.S.Jagadeesan For Respondent-1 : Mr.R, Venkatesa Perumal Standing Counsel For Respondent-2 : Mr.C.S.K. Sathish Standing Counsel
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 directing the respondents to pay the difference in payment of terminal benefits namely Gratuity, Leave Salary, Commutation of pension, Arrears of pension and the arrears of wages for the period from 01.09.2019 ( Date of Settlement) to 30.04.2020 ( Date of retirement) together with interest @ 6% per annum in terms of 14th Wage Revision Settlement to the petitioner and pass orders. 3.The facts of the case is that the petitioner retired from the 2/5
Respondent/Corporation on 30.04.2020. The further case of the petitioner is that while arriving the terminal benefits the respondent have not implemented the Wages Act properly, due to which there was a monetary loss to the petitioner. Hence, the petitioner is entitled to interest for the belated period. Therefore, the petitioner gave a representation to the respondents on 02.12.2024. However, no action has been taken by the respondents 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 respondents to consider the petitioner's representation and pass orders.
5. The learned standing counsel appearing for the respondents 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 and the submissions made by either side counsel, this Court directs 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 eight weeks from the date 3/5
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. 7.With the above directions, this Writ Petition stands disposed of. No order as to costs.
02.01.2025 Index:Yes/No Speaking order/Non-speaking order smn To
1. The Managing Director, Tamilnadu State Transport Corporation ( Villupuram) Ltd., Kancheepuram Region, No.3/137, Salamedu, Varuthareddy Post, Villupuram 605 602.
2. The Administrator, Tamilnadu State Transport Corporation Pension Fund Trust Tiruvalluvar House, Pallavan Salai, Chennai 600 002.
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V.BHAVANI SUBBAROYAN,J.
Smn W.P.No.38987 of 2024 02.01.2025 2/2 5/5