J.Kannan - 41912 v. The Managing Director
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 08.01.2025
CORAM:
THE HONOURABLE MRS. JUSTICE V.BHAVANI SUBBAROYAN W.P.No.284 of 2025 J. Kannan
...Petitioner
Vs
1. The Managing Director, Tamilnadu State Transport Corporation ( VPM) Ltd., 3/137, Salamedu, Valudhareddy Post, Villupuram - 605 602.
2. The General Manager, Tamilnadu State Transport Corporation ( Villupuram) Ltd., Kancheepuram Regional Office, Ponnerikarai, Chennai- Bangaluru Highway, Kancheepuram - 631 552.
3. The Administrator, Tamil Nadu State Transport Corporation ( Villupuram) Ltd., Pension Fund Trust, Thiruvalluvar 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 interest amounts to the petitioner for the belatedly paid Provident Fund, Service Gratuity, Leave Salary and Commutation of pension amount at 1/5
the rate of 6% per annum for 12 months of delayed payment in the light of the Judgment passed by this Hon'ble Court on 23.10.2024 in W.P.No.30766 of 2024 and pass orders.
For Petitioner : Mr.N.Ishak For Respondents 1 &2 : Mr.R, Venkatesa Perumal Standing Counsel For Respondent-3 : 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 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 12 months of delayed payment.
3.The case of the petitioner is that the petitioner was appointed in the Respondent/Corporation on 03.06.1996 and retired on 31.05.2022. 2/5
The grievance of the petitioner is that inspite the petitioner retired on 31.05.2022, the terminal benefits was settled only on 30.05.2023. In view of the same, the petitioner has sought for payment of interest towards the delay in settlement of the terminal benefits. In this regard the petitioner gave a representation to the respondents on 14.12.2024. 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 of receipt of a copy of this order. It is made clear that if the amount is not 3/5
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 disbursement. 7.With the above directions, this Writ Petition stands disposed of. No order as to costs.
08.01.2025 1/2 Index:Yes/No Speaking order/Non-speaking order smn To
1. The Managing Director, Tamilnadu State Transport Corporation ( VPM) Ltd., 3/137, Salamedu, Valudhareddy Post, Villupuram - 605 602.
2. The General Manager, Tamilnadu State Transport Corporation ( Villupuram) Ltd., Kancheepuram Regional Office, Ponnerikarai, Chennai- Bangaluru Highway, Kancheepuram - 631 552.
3. The Administrator, Tamil Nadu State Transport Corporation ( Villupuram) Ltd., Pension Fund Trust, Thiruvalluvar House, Pallavan Salai, Chennai - 600 002.
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V.BHAVANI SUBBAROYAN,J.
Smn W.P.No.284 of 2025 08.01.2025 1/2 5/5