G.Thulasinathan - Dr 1885 v. The Managing Director

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 09.01.2025

CORAM:

THE HONOURABLE MRS. JUSTICE V.BHAVANI SUBBAROYAN W.P.No.687 of 2025 G. Thulasinathan

...Petitioner

Vs

1. The Managing Director, Tamilnadu State Transport Corporation ( Villupuram) Ltd., No.3/137. Salamedu, Varuthareddy Post, Villupuram 605 602.

2. The General Manager, Tamilnadu State Transport Corporation ( Villupuram) Ltd., Cuddalore Regional Office, Cuddalore - 607 001.

...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, Leave Salary at the rate of 6% per annum for 21 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 Respondents1&2 : Mr.R, Venkatesa Perumal 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 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, Leave Salary at the rate of 6% per annum for 21 months of delayed payment and pass orders. 3.The case of the petitioner is that the petitioner joined in the Respondent Transport Corporation as Driver on 30.04.1987 and retired as Driving Inspector on 31.01.2023. Inspite of the petitioner retired on 31.01.2023 his terminal benefits were settled only on 30.10.2024. Hence, the petitioner is entitled to interest for the belated payment made by the respondent due to which, the petitioner gave a representation to the respondents on 17.12.2024. However, no action has been taken by the respondents till date. Hence this petition.

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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 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. 3/5

7.With the above directions, this Writ Petition stands disposed of. No order as to costs.

02.01.2025 3/3 Index:Yes/No Speaking order/Non-speaking order smn To

1. The Managing Director, Tamilnadu State Transport Corporation ( Villupuram) Ltd., No.3/137. Salamedu, Varuthareddy Post, Villupuram 605 602.

2. The General Manager, Tamilnadu State Transport Corporation ( Villupuram) Ltd., Cuddalore Regional Office, Cuddalore - 607 001. 4/5

V.BHAVANI SUBBAROYAN,J.

Smn W.P.No.687 of 2025 21.01.2025 3/3 5/5