M.Jothi Sr 1302 v. The Managing Director

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 03.01.2025

CORAM:

THE HONOURABLE MRS. JUSTICE V.BHAVANI SUBBAROYAN M.Jothi

...Petitioner

Vs

1. The Managing Director, Tamil Nadu State Transport Corporation (VPM) Ltd., Villupuram Region, No.3/137, Salamedu, Valudhareddy Post, Villupuram - 605 602.

2. The Administrator, Tamil Nadu State Transport Corporation Employees Post Retirement Welfare 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 interest to the petitioner at the rate of 8% per annum for the belated payment of retirement benefits for the period of 28.02.2023 to 30.10.2024 i.e., 611 days on provident fund, gratuity, earned leave commuted pension and other retirement benefits, within a specified time. 1/6

For Petitioner : Mr.Yash Rathi For Respondents : Mr.R.Venkatesa Perumal Standing Counsel (for R1) Mr. C.S.K.Sathish, Standing Counsel (for R2)

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 interest to the petitioner at the rate of 8% per annum for the belated payment of retirement benefits for the period of 28.02.2023 to 30.10.2024 i.e., 611 days on provident fund, gratuity, earned leave commuted pension and other retirement benefits, within a specified time. 2/6

3. The case of the petitioner is that he is an retired employee from the Respondent/Corporation. The grievance of the petitioner is that the respondents to pay the interest at the rate of 8% per annum for the belated payment of the petitioner's terminal benefits. Therefore, the petitioner gave a representation to the respondents on 26.11.2024 with regard to the said issue. 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.

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6. 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 appropriate orders and pay the eligible amount to the petitioner within a period of twelve weeks from the date of receipt of a copy of this Order. It is made clear that the amount should carry 6% interest per annum from the date on which the amount became due and payable till the date of disbursement, 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.

03.01.2025 Index:Yes/No Speaking order/Non-speaking order kv 4/6

To

1. The Managing Director, Tamil Nadu State Transport Corporation (VPM) Ltd., Villupuram Region, No.3/137, Salamedu, Valudhareddy Post, Villupuram - 605 602.

2. The Administrator, Tamil Nadu State Transport Corporation Employees Post Retirement Welfare Fund Trust, Tiruvalluvar House, Pallavan Salai, Chennai - 600 002.

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V.BHAVANI SUBBAROYAN,J.

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