A.Sivaprakasam v. The Managing Director,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 29.01.2025

CORAM:

THE HONOURABLE MRS. JUSTICE V.BHAVANI SUBBAROYAN W.P.No.2268 of 2025 A. Sivaprakasam .. Petitioner

Versus

The Managing Director, Tamil Nadu State Transport Corporation ( Salem(Ltd., No.12, Ramakrishna Road, Salem - 636 007.

...Respondent

Prayer: This petition is filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the respondents to pay the balance amount of Rs.38,549/- with 12% interest from the date of retirement i.e., on 31.12.2017 till the date of payment and to pay 12% interest for the delayed payment of Rs.1,28,030/- from the date of retirement i.e on 31.12.2017 till the date of payment of retirement benefits i.e on 03.11.2018, within a specific period by considering petitioner's representation dated 20.11.2024 and pass orders. 1/6

For Petitioner : MrN.S. Suganthan For Respondents : Mr.K.Raja, Standing Counsel

ORDER

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

2. This writ petition is filed seeking to issue a Writ of Mandamus, directing the respondents to pay the balance amount of Rs.38,549/- with 12% interest from the date of retirement i.e., on 31.12.2017 till the date of payment and to pay 12% interest for the delayed payment of Rs.1,28,030/- from date of retirement i.e on 31.12.2017 till the date of payment of retirement benefits i.e on 03.11.2018, within a specific period by considering petitioner's representation dated 20.11.2024 and pass orders.

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3.The case of the petitioner is that the petitioner retired from the Respondent Transport Corporation on 31.12.2027 as Senior Trades man on 31.12.2017. Inspite the petitioner retired on 31.12.2017his terminal benefits were settled only on 03.11.2018. 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 20.11.2024. However, no action has been taken by the respondents till date. Hence this petition.

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.

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

29.01.2025 Speaking order : Yes/No Index : Yes/No smn To 4/6

The Managing Director, Tamil Nadu State Transport Corporation ( Salem(Ltd., No.12, Ramakrishna Road, Salem - 636 007.

V.BHAVANI SUBBAROYAN, J.

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smn W.P.No.2268 of 2025 29.01.2025 6/6