B.Kandasamy-09788 v. The Managing Director

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 23.04.2024

CORAM

THE HONOURABLE MR.JUSTICE D. BHARATHA CHAKRAVARTHY Kandasamy ... Petitioner -Vs1. The Managing Director Tamil Nadu State Corporation (Villupuram) Ltd., 3/137, Salamedu Valudhareddy post, Villupuram - 605 602.

2. The General Manager Tamil Nadu State Transport Corporation (Villupuram) Ltd., Vellore Regional Office, Rangapuram, Vellore 632 009.

3. The Administrator, Tamil Nadu State Transport Corporation Employees Pension Fund Trust, Thiruvalluvar House, Pallavan Salai, Chennai 600 002. ... Respondents Prayer :- Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus directing the respondents to pay interest amounts to the petitioner for the belatedly paid leave liability amount, commutation of pension amount and gratuity amount at the rate of 6% per annum for 24 months of delayed payment in the light of the judgment

passed by this Court on 02.02.2024 in W.P.No.2262 of 2024. For Petitioner : Mr.N. Ishak For Respondents : Mr.R.Venkatesa Perumal Standing Counsel for R1 & R2 Mr.C.S.K.Sathish for R3

O R D E R

This Writ Petition is filed seeking for a Writ of Mandamus directing the respondents to pay interest for the belatedly paid leave liability amount, commutation of pension amount and gratuity amount at the rate of 6% per annum for 24 months of delayed payment.

2. Mr.R.Venkatesa Perumal, learned Standing Counsel takes notice for the respondents 1 & 2 and Mr.C.S.K.Sathish, learned counsel takes notice for R3. They would submit that the eligible amount will be paid to the petitioner within a reasonable time as may be fixed by this Court.

3. Learned Counsel for the petitioner 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:

(i) The respondents are directed to pay interest on the belated payment of leave liability amount, commutation of pension amount and gratuity amount 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.

23.04.2024 (2/2) Index : Yes/No Speaking order/Non-speaking order dpq

To

1. The Managing Director Tamil Nadu State Corporation (Villupuram) Ltd., 3/137, Salamedu Valudhareddy post, Villupuram - 605 602.

2. The General Manager Tamil Nadu State Transport Corporation (Villupuram) Ltd., Vellore Regional Office, Rangapuram, Vellore 632 009.

3. The Administrator, Tamil Nadu State Transport Corporation Employees Pension Fund Trust, Thiruvalluvar House, Pallavan Salai, Chennai 600 002.

D. BHARATHA CHAKRAVARTHY , J.

dpq (2/2) 23.04.2024