N.Haridhasan v. The Managing Director

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 21.01.2025

CORAM:

THE HONOURABLE MRS. JUSTICE V.BHAVANI SUBBAROYAN

1. N.Haridhasan

2. A.Parimala

...Petitioners

Vs The Managing Director, Metropolitan Transport Corporation (Chennai) Ltd., No.2, Anna Salai, Chennai - 600 002.

...Respondent

PRAYER: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the respondents to pay interest @ 10% for the belated payment of terminal benefits such as gratuity, provident fund and leave salary to the petitioners. For Petitioners : Mr.S.T.Varadarajulu For Respondent : Mr.A.Vinothraj, Standing Counsel 1/5

ORDER

By consent of both parties, this writ petition is taken up for final disposal at the stage of admission itself.

2. The petitioners have filed this writ petition to issue a Writ of Mandamus directing the respondents to pay interest @ 10% for the belated payment of terminal benefits such as gratuity, provident fund and leave salary to the petitioners.

3. The case of the first petitioner is that the first petitioner joined the Respondent Transport Corporation as a Driver and retired as Senior Driver on 31.07.2019. The case of the second petitioner is that the second petitioner's husband joined the Respondent Transport Corporation as a Conductor and while he was in service, the second petitioner's husband died on 25.03.2021. After retirement/death, the terminal benefits were not settled in time. In view of the same, the petitioners had sought for payment of interest towards the delay in terminal benefits such as gratuity, provident fund and leave salary. The petitioners in this regard 2/5

made representations to the respondent on 22.07.2024 and 29.08.2024. Since the same did not evoke any response, the present Writ Petition has been filed before this Court.

4.The learned counsel for the petitioners submitted that it would be suffice if this Court issues a direction to the respondent to consider the petitioners' representations and pass orders.

5. The learned standing counsel appearing for the respondent submitted that the representations of the petitioners 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, this Court on submission made by either side counsel directs the respondent to consider the representations of the petitioners and pass appropriate orders and pay the eligible amount to the petitioners 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 3/5

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.

21.01.2025 2/2 Index:Yes/No Speaking order/Non-speaking order kv To The Managing Director, Metropolitan Transport Corporation (Chennai) Ltd., No.2, Anna Salai, Chennai - 600 002.

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V.BHAVANI SUBBAROYAN,J.

kv 21.01.2025 2/2 5/5