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Madras High CourtWP/3434/2025disposed of

P.Kannan v. The Management Of Tamilnadu State Transport Corporation Kovai Limited Rep By Its Managing Director

2025-01-31Honourable Mrs Justice V.Bhavani Subbaroyan5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 31.01.2025

CORAM:

THE HONOURABLE MRS. JUSTICE V.BHAVANI SUBBAROYAN P.Kannan .. Petitioner

Versus

The Management of Tamilnadu State Transport Corporation (Kovai) Ltd, Rep.by its Managing Director, Coimbatore.

...Respondent

Prayer: This petition is 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 18% per annum, for the period of delay from 01.04.2023 to 29.10.2024 in paying the amounts paid towards his terminal benefits namely EPF Employee's Contribution, Gratuity and Encashment of Leaves/Already Surrendered Earned Leaves within a time frame as may be fixed by this Court and without affecting his right to claim balance amounts towards those benefits. For Petitioner : Mr.V.Ajoy Khose For Respondent : Mr.C.Gauthamaraj 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. This writ petition is filed seeking to issue a Writ of Mandamus, directing the respondent to pay the petitioner interest at the rate of 18% per annum, for the period of delay from 01.04.2023 to 29.10.2024 in paying the amounts paid towards his terminal benefits namely EPF Employee's Contribution, Gratuity and Encashment of Leaves/Already Surrendered Earned Leaves within a time frame as may be fixed by this Court and without affecting his right to claim balance amounts towards those benefits.

3.The case of the petitioner is that the petitioner joined in the Respondent Corporation on 17.12.1995 as Conductor and retired as Special Grade Conductor with Staff No.95CR1017200 on 31.03.2023. Inspite the petitioner retired on 31.03.2023 his terminal benefits were 2/5

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 06.11.2024. 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.

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. 3/5

This payment shall be made within a period of eight weeks from the date V.BHAVANI SUBBAROYAN, J.

gbi 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.

31.01.2025 2/2 Speaking order : Yes/No Index : Yes/No gbi To The Management of Tamilnadu State Transport Corporation (Kovai) Ltd, Rep.by its Managing Director, Coimbatore.

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