B.Santhakumar 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.2414 of 2025 B.Santhakumar .. Petitioner

Versus

1.The Managing Director Tamil Nadu State Transport Corporation (Villupuram) Ltd., 3/137, Salamedu, Valudhareddy Post, Villupuram 605 602.

2.The General Manager Tamil Nadu State Transport Corporation (Villupuram) Ltd., Vellore Region, Rangapuram Vellore.

...Respondents

Prayer: This petition is filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the respondents to pay interest at the rate of 10% for the belated payment of gratuity, P.F and Leave salary and unpaid last retirement month 8 days with interest to the petitioner and pass orders.

For Petitioner : Mr.S.T. Varadarajalu 1/5

For Respondents : Mr.R.Venkatesa Perumal, 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 interest at the rate of 10% for the belated payment of gratuity, P.F and Leave salary and unpaid last retirement month 8 days with interest to the petitioner and pass orders. 3.The case of the petitioner is that the petitioner joined the Respondent Transport Corporation on 07.09.1995 and retired on 28.02.2023. Inspite of the petitioner retired on 28.02.2023 his terminal benefits were settled belatedly after 18 months. 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 14.11.2024. However, no action has been taken by the respondents till 2/5

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.

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 3/5

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 1.The Managing Director Tamil Nadu State Transport Corporation (Villupuram) Ltd., 3/137, Salamedu, Valudhareddy Post, Villupuram 605 602.

2.The General Manager Tamil Nadu State Transport Corporation (Villupuram) Ltd., Vellore Region, Rangapuram Vellore.

4/5

V.BHAVANI SUBBAROYAN, J.

smn W.P.No.2414 of 2025 29.01.2025 5/5