K.Devarajan v. The Managing Director

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 12.04.2024 CORAM :

THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY and W.M.P.No.10955 of 2024 1.K.Devarajan

2. E.Rajendran .. Petitioners

Versus

1. The Managing Director, Metropolitan Transport Corportion (Chennai) Ltd., No.2, Anna Salai,

2. The Administrator, Tamil Nadu State Transport Corporation, Employees Pension Fund Trust, No.2, Pallavan Salai, .. Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, pleased to issue a Writ of Mandamus directing the respondents to pay interest @ 10% for the belated payment of terminal benefits such as Gratuity, Provident Fund, Leave Salary and commutation of pension amount to the petitioners.

For Petitioners : Mr.S.T.Varadarajalu 1/5

For Respondents : Mr.C.S.K.Sathish

ORDER

This Writ Petition is filed seeking for a Writ of Mandamus directing the respondents to pay interest for the belated payment of terminal benefits such as Gratuity, Provident Fund, Leave Salary and commutation of pension amount at the rate of 10% per annum to the petitioners within a specified time as may be fixed by this Court.

2. Mr.C.S.K.Sathish, learned Counsel takes notice for the respondents. He would submit that the eligible amount will be paid to the petitioners within a reasonable time as may be fixed by this Court.

3. Learned Counsel for the petitioners submits that, in these cases, this Court has consistently allowed the payment with interest at the rate of 6% per annum.

4. In that view of the matter, this Writ Petition is disposed of on the following terms:

2/5

(i) The respondents are directed to pay interest on the belated payment of terminal benefits such as Gratuity, Provident Fund, Leave Salary and commutation of pension amount to the petitioners at the rate of 6% per annum from the date on which the amount became due till the date of disbursement within a period of twelve (12) weeks from the date of receipt of a copy of this order;

(ii) If the amount is not paid within a period of twelve (12) weeks, thereafter, the interest shall be calculated at the rate of 12% per annum from the date on which the amount became due till the date of disbursement; (iii) There shall be no order as to costs.

12.04.2024 Index : yes Speaking order : no grs To

1. The Managing Director, Metropolitan Transport Corportion (Chennai) Ltd., No.2, Anna Salai,

2. The Administrator, Tamil Nadu State Transport Corporation, 3/5

Employees Pension Fund Trust, No.2, Pallavan Salai, 4/5

D.BHARATHA CHAKRAVARTHY, J.

grs and W.M.P.No.10955 of 2024 12.04.2024 5/5