K. Vellingiri v. Tamil Nadu State Transport Corporation (Kovai) Ltd.,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 20.01.2025
CORAM
THE HON'BLE MRS.JUSTICE V.BHAVANI SUBBAROYAN K. Vellingiri (JO 4138) ... Petitioner Vs.
Tamil Nadu State Transport Corporation (Kovai) Ltd., Rep. by its Managing Director, No.37, Mettupalayam Road, Coimbatore - 43.
... Respondent Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondent to pay interest at the rate of 15% per annum for the belated payment of Gratuity, P.F, Earned Leave and Surrender Leave Salary, to the petitioner. For Petitioner : Mr.R.Krishnaswamy For Respondent : Mr.M.Murali Vinodh Standing Counsel 1/5
ORDER
This Writ Petition has been filed seeking a direction to the respondent to pay interest to the petitioner at the rate of 15% per annum for the belated payment of his Gratuity, P.F, Earned Leave and Surrender Leave Salary,
2. The case of the petitioner is that, he joined in the service of the 1st respondent corporation as a Driver on 28.11.1989. After earning several promotions, lastly he was working as Special Grade Driver under the immediate control of the respondent. After rendering 34 years of service, he retired from service on 28.02.2023. Though he retired from service as early on 28.02.2023, the respondent paid and settled his P.F, Gratuity, Earned Leave and Surrender Leave Salary only on 30.10.2024 after a delay of 609 days. Hence, the petitioner submitted a representation to the respondent, requesting to pay 15% interest per annum for the belated payment of his above said terminal benefits. The representation has not been considered by the respondent till date. Hence, the present writ petition has been filed.
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3. The Learned Standing Counsel appearing for the respondent would submit that, the representation of the petitioner will be considered and appropriate orders will be passed by granting 6% interest per annum for the belated payment, as per the earlier orders passed by this Court in the similar writ petitions.
4. In view of the submission made by the Learned Standing Counsel, there shall be a direction to the respondent transport corporation to pay 6% interest per annum for the eligible amount as payable to the petitioner for the belated payment of P.F, Gratuity, Earned Leave and Surrender Leave Salary. It is made clear that, this payment shall be made within a period of six weeks from the date of receipt of a copy of this order, failing which, 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 realisation.
5. Accordingly, this Writ Petition is disposed of. No costs. 3/5
20.01.2025 raja Index : yes/no Internet : yes/no V.BHAVANI SUBBAROYAN, J.
raja To The Managing Director, Tamil Nadu State Transport Corporation (Kovai) Ltd., No.37, Mettupalayam Road, Coimbatore - 43.
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