Disposed

K.Sankar v. the Managing Director

Madras HC21 Dec 2024WP/37830/2024

Case brief

AI extract

What is this about?

The Court directed respondents to consider the petitioners' representations regarding belated terminal benefits and pass orders within twelve weeks, payable with 6% annual interest. A penalty rate of 12% applies if payment is delayed beyond the fixed timeframe.

What did the court decide?

Direct respondents to consider representations and pass orders within twelve weeks, payable with 6% annual interest; penalty of 12% if delayed.

K.Sankar Vs the Managing Director — Pension and Retirement Benefits | Madras HC (2024)

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W.P.No.37830 of 2024

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 21.12.2024

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CORAM:

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THE HONOURABLE MRS. JUSTICE V.BHAVANI SUBBAROYAN

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W.P.No.37830 of 2024 & W.M.P.No.40898 of 2024

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K.Sankar

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P.Somasundaram

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... Petitioners

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Versus

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The Managing Director, Tamil Nadu State Transport Corporation (Villupuram) Ltd., No.3/137, Salamedu, Villupuram – 605 602

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The Administrator, Tamil Nadu State Transport Corporation Employees Pension Fund Trust, No.2, Pallavan Salai, Chennai – 600 002 ...Respondents

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Prayer : Writ Petition filed under Article 226 of Constitution of

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India for an issuance of a Writ of Mandamus directing the respondents

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to pay interest @ 10% for the belated payment of Gratuity, P.F., Leave

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Salary and commutation of pension amount to the petitioners

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For Petitioner : Mr.S.T.Varadarajalu For Respondents : Mr.R.Venkatesa Perumal, for R1 Mr.C.S.K.Sathish for R2 Standing Counsel

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O R D E R

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W.P.No.37830 of 2024

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The present Writ Petition has been filed by the petitioner an issuance of a Writ of Mandamus directing the respondents to pay interest @ 10% for the belated payment of Gratuity, P.F., Leave Salary and commutation of pension amount to the petitioners

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The case of the petitioner is that the petitioner is a retired

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employee from the Respondent/Corporation. The grievance of the petitioner is that the petitioner's terminal benefits had not been settled for a long time. Therefore, the petitioner submitted representations to the respondents on 15.11.2024, 20.11.2024 with regard to the said issue. However, no action has been taken by the respondents till date. Hence this petition.

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3.The learned counsel for the petitioner submitted that it would suffice if this Court issues a direction to the respondents to consider the petitioner's representations and pass orders.

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The learned standing counsel appearing for the respondents

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submitted that the representation of the petitioners will be considered

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W.P.No.37830 of 2024

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and will pay the eligible amount with 6% interest P.A as per the earlier orders of this Court.

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Considering the facts of the case, this Court on submission made by either side counsel directs the respondents to consider the representations of the petitioner and pass orders on the claim made by the petitioner within a period of twelve weeks from the date of receipt of a copy of this Order with 6% interest per annum from the date on which the amount became due and payable till the date of disbursement. It is made clear that 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.

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6.With the above directions, this Writ Petition stands disposed of. Consequently, connected miscellaneous petition is closed. No order as to costs.

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21.12.2024

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Index : Yes/No Internet: Yes / No Speaking order : Yes/No ssd

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https://www.mhc.tn.gov.in/judis

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W.P.No.37830 of 2024

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V.BHAVANI SUBBAROYAN, J.

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ssd

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The Managing Director, Tamil Nadu State Transport Corporation (Villupuram) Ltd., No.3/137, Salamedu, Villupuram – 605 602

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The Administrator, Tamil Nadu State Transport Corporation Employees Pension Fund Trust, No.2, Pallavan Salai, Chennai – 600 002

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W.P.No.37830 of 2024

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21.12.2024

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K.Sankar v. the Managing Director

Case brief

What is this about?

What did the court decide?

K.Sankar v. the Managing Director

Case brief

What is this about?

What did the court decide?

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