Madras High CourtWP/3286/2020dismissed

R.Shanmugam v. The Managing Director,

2020-03-03Honourable Mr Justice V. Parthiban2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.03.2020

CORAM

THE HONOURABLE MR.JUSTICE V. PARTHIBAN W.P. No.3286 of 2020 R.Shanmugam .... Petitioner

Versus

1. The Managing Director, Tamil Nadu State Transport Corporation (Villupuram) Limited, Vazhuthareddy, Villupuram - 605 602.

2. The General Manager, Tamil Nadu State Transport Corporation (Villupuram) Limited, Kanchipuram Division, Karaipettai, Kanchipuram - 631 552.

...

Respondents Writ Petition filed under Article 226 of the Constitution of India, to issue Writ of Certiorarified Mandamus, calling for the records of the respondents in the Letter No.2578/L1-TB/LC/TNSTC/(VPM)/KPM/16, dated 28.06.2019 and quash the same directing the respondent to pay the interest amount for the petitioner's delayed payment of gratuity amount, encashment of surrender leave amount with 9% interest p.a. from 31.05.2011 till the date of payment For Petitioner : Mr.R.Anbalagan For Respondents : Mr.C.S.K. Sathish Standing Counsel

ORDER

The writ petition has been filed seeking for payment of interest on the belated payment of gratuity to the petitioner by the respondent Corporation.

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2. The petitioner was working as Conductor in the State Transport Corporation. He retired from service on attaining the age of superannuation on 31.05.2011. Admittedly, the entire gratuity amount was settled to the petitioner on 30.12.2013. According to the learned counsel for the petitioner, since the gratuity amount has been settled after a considerable delay, the petitioner is entitled to be paid interest.

3. Although the gratuity amounts appears to have not been settled promptly, yet the cause of action for the petitioner arose in the year 2012 when the belated gratuity amounts were paid. However, the petitioner has approached this Court only in 2020. It is like the pot calling the kettle black in regard to the belated payment on the one side and belated approach of the petitioner before this court.

4. For the reasons aforesaid, this Court does not find any substance in the writ petition and the same is dismissed. No costs.

Sd/- Assistant Registrar-CSIII(MDU) //True Copy// Sub Assistant Registrar vsi2 +1cc to Mr.R. Anbalagan, Advocate, S.R.No.18690 +1cc to Mr.C.S.K. Sathish, Advocate, S.R.No.18874 W.P. No.3286 of 2020 RJI (CO) VSI-2(27.05.2020) https://hcservices.ecourts.gov.in/hcservices/