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Madras High CourtWP/2403/2025disposed of

S.Thiagarajan v. Tamil Nadu State Transport Corporation (Kovai)Ltd.,

2025-01-28Honourable Mrs Justice V.Bhavani Subbaroyan5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 28.01.2025

CORAM:

THE HONOURABLE MRS. JUSTICE V.BHAVANI SUBBAROYAN S.Thiagarajan

...Petitioner

Vs Tamil Nadu State Transport Corporation (Kovai) Ltd., Rep. by its The Managing Director, No.37, Mettupalayam Road, Coimbatore - 43.

...Respondent

PRAYER: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the respondent to pay the petitioner interest at the rate of 15% per annum for the belated payment of 202 days in paying his PF, gratuity, earned leave and surrender leave salary with interest at the rate of 15% within a specified time, as may be fixed by this Court.

For Petitioner : Mr.R.Krishnasamy For Respondent : Mr.M.Murali Vinodh, Standing Counsel

ORDER

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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 respondent to pay the petitioner interest at the rate of 15% per annum for the belated payment of 202 days in paying his PF, gratuity, earned leave and surrender leave salary with interest at the rate of 15% within a specified time, as may be fixed by this Court.

3. The case of the petitioner is that the petitioner joined the Respondent/Transport Corporation as Driver on 28.10.1996 and retired as Special Grade Driver on 31.10.2022. After retirement, the terminal benefits were not settled in time. In view of the same, the petitioner had sought for payment of interest towards the delay in terminal benefits such as provident fund amount, gratuity, commutation of pension amount, and leave salary amount. The petitioner in this regard made representation to the respondent on 16.12.2024. Since the same did not evoke any response, the present Writ Petition has been filed before this Court. 2/5

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

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

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.

28.01.2025 Index:Yes/No Speaking order/Non-speaking order kv To The Managing Director, Tamil Nadu State Transport Corporation (Kovai) Ltd., No.37, Mettupalayam Road, Coimbatore - 43.

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V.BHAVANI SUBBAROYAN,J.

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