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Madras High CourtWP/3802/2025disposed of

A.Palanisamy (Tr1158) v. Tamilnadu State Transport Corporation (Salem) Ltd

2025-02-10Honourable Mr Justice C.V. Karthikeyan5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 10.02.2025

CORAM

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

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

2. Tamil Nadu State Transport Corporations Employees' Pension Fund Trust, Rep. by its Administrator, Thiruvalluvar Illam, Pallavan Salai, Chennai - 600 002.

.. Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents to pay the petitioner interest for the belated payment of his PF, gratuity, earned leave salary and commuted value of pension at the rate of 12% per annum within a specified time, as may be fixed by this Court. For Petitioner : Mr.R.Krishnasamy For Respondents : Mr.K.Raja, Standing Counsel

ORDER

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

2. The petitioner had joined the service of the first respondent on 06.12.1984 and he had retired from service on attaining the age of superannuation on 28.02.2023. It is contended that the PF, gratuity, earned leave salary and commuted value of pension 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 30.11.2024, seeking interest at the rate of 12% per annum. Since no decision had been conveyed by the respondents, 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 respondents.

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 respondents 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.

10.02.2025 5/5 Index:Yes/No Internet:Yes/No Neutral Case Citation: Yes/No kv

To

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

2. The Administrator, Tamil Nadu State Transport Corporations Employees' Pension Fund Trust, Thiruvalluvar Illam, Pallavan Salai, Chennai - 600 002.

C.V.KARTHIKEYAN,J.

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