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Madras High CourtWP/5229/2022disposed of

G.Panneer Selvam v. The Managing Director

2022-03-09Honourable Mr Justice D. Krishnakumar2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated: 09.03.2022

CORAM:

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR W.P.No.5229 of 2022 G.Panneer Selvam ... Petitioner Vs.

The Managing Director, Tamil Nadu State Transport Corporation (Villupuram Division), No.3/137, Salamedu, Vallatha Reddy Post, Villupuram - 605 602.

... Respondent Prayer: Writ petition filed under Article 226 of the Constitution of India seeking to issue a Writ of Mandamus, directing the respondent to consider the representation of the petitioner dated 14.12.2021 and to pay interest at the rate of 10% for the late payment of the gratuity amount and 12% interest for other legal dues and award cost.

For Petitioner : Mr.S.Ravi For Respondent : Mr.G.Saravanakumar Standing Counsel

ORDER

The relief sought for in the writ petition is for a Mandamus directing the respondent to consider the representation of the petitioner dated 14.12.2021 and to pay interest at the rate of 10% for the late payment of the gratuity amount and 12% interest for other legal dues.

2. Heard the learned Counsel appearing for the petitioner and the learned Standing Counsel appearing for the respondent.

3. The petitioner herein was working as Senior Tradesman under the respondent Transport Corporation and he retired from service on attaining the age of superannuation on 31.05.2019. But, the respondent have settled the retirement benefits to the petitioner belatedly, without any interest. Hence, he made representation on 14.12.2021 to pay the interest for the belated payment, but the respondent neither given reply nor pay interest. Hence, this writ petition has been filed. https://hcservices.ecourts.gov.in/hcservices/

4. The learned counsel appearing for the petitioner submitted that, the respondent have settled the retirement benefits to the petitioner, without any interest and despite requests made by him, the respondent did not pay interest. Hence, the respondent may be directed to pay interest for the belated payment.

5. The learned Standing Counsel appearing for the respondent fairly accepted the fact that the respondentCorporation have settled the retirement benefits to the petitioner belatedly. He also submitted that the petitioner is entitled for interest only at the rate of 4% per annum for the belated payment, as per the earlier orders passed by this court in W.P.No.468 of 2022 dated 19.01.2022.

6. In view of the above submissions and with the consent of both parties, there shall be a direction to the respondent to pay penal interest at the rate of 4% per annum for the belated payment of retirement benefits to the petitioner, within a period of four months from the date of receipt of a copy of this order, subject to the condition that if the petitioner have not already given up their right for claiming interest for the retirement benefits. It is also made clear that in default, the respondent-Corporation shall have to pay the interest amount at the rate of 6% per annum to the petitioner.

7. With the above directions, the writ petition stands disposed of. No costs.

Sd/- Assistant Registrar(CS-II) //True Copy// Sub Assistant Registrar ata/uma To The Managing Director, Tamil Nadu State Transport Corporation (Villupuram Division), No.3/137, Salamedu, Vallatha Reddy Post, Villupuram - 605 602.

+1cc to Mr.S.Ravi, Advocate SR.No.15701 W.P.No.5229 of 2022 SKM(CO) GN(28/03/2022) https://hcservices.ecourts.gov.in/hcservices/