V.Rajendran (Dr 2656) v. Tamil Nadu State Transport Corporation (Salem) Ltd.,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 10.02.2025

CORAM

THE HON'BLE Mr. JUSTICE C.V.KARTHIKEYAN V.Rajendran .. Petitioner Vs.

Tamil Nadu State Transport Corporation (Salem) Ltd., Rep. by its the Managing Director, No.12, Ramakrishna Road, Salem-7.

.. Respondent Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondent to pay the petitioner interest at the rate of 12% per annum for the belated payment of 453 days in paying petitioner's PF, gratuity and earned leave with interest at the rate of 12% within a specified time, as may be fixed by this Court. For Petitioner : Mr.R.Krishnasamy For Respondent : Mr.K.Raja, Standing Counsel

ORDER

This Writ Petition has been filed in the nature of a Mandamus, seeking a direction against the respondent to pay interest for the delayed payment of terminal benefits, including PF, gratuity and earned leave. The petitioner also seeks interest at the rate of 12% per annum.

2. The petitioner had joined the service of the respondent on 19.09.1990 and he had retired from service on attaining the age of superannuation on 29.02.2020. It is contended that the gratuity, PF and earned leave had not been paid within the stipulated period as enunciated in the enactments governing the said payments. In this connection, the petitioner had made a representation on 13.01.2025, seeking interest at the rate of 12% per annum. Since no decision had been conveyed by the respondent, the Writ Petition has been filed in the nature of a Mandamus.

3. Mr. K.Raja, learned Standing Counsel had taken notice on behalf of the respondent.

4. The only appropriate course is that the amount, which has been paid belatedly, should also be paid together with interest. But, however, the interest is determined at the rate of 6% per annum. It is only in the interest of the respondent that they make payments, as otherwise, they would only suffer payment of additional and further sums towards interest. A direction is therefore given that the interest component on the aforementioned amount should be paid within a period of three months from the date of receipt of a copy of this order.

5. With the above observations, this Writ Petition stands disposed of. No costs.

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To The Managing Director, Tamil Nadu State Transport Corporation (Salem) Ltd., No.12, Ramakrishna Road, Salem-7.

C.V.KARTHIKEYAN,J.

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