Madras High CourtWP(MD)/22655/2019disposed of

S. Mookkaian v. The Managing Director

2019-10-24Honourable Ms.Justice V.M.Velumani2 pages

W.P(MD)No.22655/2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.10.2019

CORAM:

THE HONOURABLE MS.JUSTICE V.M.VELUMANI W.P.(MD)No.22655 of 2019 S.Mookkaian ... Petitioner Vs.

1.The Managing Director, State Express Transport Corpn., (TN) Ltd., Corporate Office, No.2, Thiruvalluvar House, Pallavan Salai, Chennai-600 002.

2.The Finance Advisor & Chief Accounts Officer, State Express Transport Corpn., (TN) Ltd., Corporate Office, No.2, Thiruvalluvar House, Pallavan Salai, Chennai-600 002.

3.The Administrator, TNSTC Employees Pension Trust, SETC (TN) Ltd., No.2, Thiruvalluvar House, 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 disburse interest at the rate of 12% as per court direction for belated payment of Gratuity amount for Rs.8,57,626/-, Leave Salary amount for Rs.1,58,650/- and Commutation for Rs.7,04,872/- and the total amount comes to Rs.17,21,148/- and its interest comes for the same is Rs.1,20,480/- for a period of more than 14 months from 1.07.2018 to 31.08.2019 and also the recovered contribution amount of the Medical, Engineering & Polytechnic College for Rs.10,000/- and another amount of ERPS (Employees Retirement Pension Scheme) amount for the 19 years from 01.09.1998 to till the date on 31.12.2017 as per the 13th Wage Settlement w.e.f., 01.09.2016 by the respondent Corporation 04.01.2018 to the petitioner. For Petitioner : Mr.K.Gokul For Respondents : Mr.K.Sathiyasingh https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P(MD)No.22655/2019

ORDER

The present writ petition is filed for a direction to the respondents to disburse interest at the rate of 12% as per Court direction, for belated payment of Rs.17,21,148/-, which includes the Gratuity amount of Rs.8,57,626/-, Leave Salary of Rs.1,58,650/- and Commutation of pension of Rs.7,04,872/- and its interest comes for the same is Rs.1,20,480/- for a period of more than 14 months i.e., from 1.07.2018 to 31.08.2019 and also the recovered contribution amount of the Medical, Engineering & Polytechnic College, for Rs.10,000/- and another amount of ERPS (Employees Retirement Pension Scheme) amount for the 19 years from 01.09.1998 to till the date i.e., on 31.12.2017, as per the 13th Wage Settlement w.e.f., 01.09.2016, by the respondent Corporation, dated 04.01.2018, to the petitioner.

2.Mr.K.Sathiyasingh, learned counsel takes notice on behalf of the respondents. By consent of both parties, the Writ Petition is taken up for final disposal at the stage of admission itself.

3. Considering the relief sought for in the writ petition, without deciding the issue on merits, the respondents are directed to consider the representation of the petitioner dated 27.09.2019 and pass orders on merits and in accordance with law, within a period of twelve (12) weeks from the date of receipt of a copy of this order.

4. With the above direction, the writ petition is disposed of. No costs.

Sd/- Assistant Registrar (CS-II) // True Copy // Sub Assistant Registrar(CS) am +1 CC to Mr.K.GOKUL, Advocate(SR-94507[F]dated 25/10/2019 ) +1 CC to Mr.K.SATHIYA SINGH, Advocate (SR-94957[F]dated 30/10/2019 ) W.P.(MD)No.22655 of 2019 24.10.2019 VB(26.11.2019) 2P 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2