R.Chinnapaiyan v. The Managing Director

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 27.04.2023

CORAM:

THE HONOURABLE MRS. JUSTICE V.BHAVANI SUBBAROYAN W.P.No.12883 of 2023 R. Chinnapaiyan

...Petitioner

Vs

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

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

3. The Administrator, Tamil Nadu State Transport Corporation Employees' Pension Fund Trust, Thiruvalluvar Illam, Anna Salai, Chennai - 600 002.

...Respondents

PRAYER: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the Respondent to pay interest to me at the rate of 8% per Annum for the belated payment of petitioner's Surrender Leave Salary Gratuity and Commutation within a time limit and pass orders.

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For Petitioner : Mr. J. LakshmiNarayanan For Respondent : Mrs.S. Pavithra Standing Counsel

ORDER

By consent of both parties, this writ petition is taken up for final disposal at the stage of admission itself.

2. The petitioner has filed this writ petition seeking a direction to the Respondents to pay interest to the petitioner at the rate of 8% per Annum for the belated payment of petitioner's Surrender Leave Salary Gratuity and Commutation.

3. The case of the petitioner is that he retired from the respondent Corporation on 30.04.2018 and his monetary benefits such as Surrender Leave Salary, Gratuity and Commutation was settled only on 19.09.2019 i.e a delay of 507 days. Hence the petitioner has give a representation to the respondent to pay interest at the rate of 8% for the belated payment. However, the same was not considered. Hence this petition. 2/4

4. The learned counsel for the petitioner submitted that the petitioner is entitled for interest at the rate of 8% for the belated payment

5. The learned Government Advocate appearing for the respondents submits that the representation of the petitioner will be considered on merits and in accordance with law.

6. Considering the facts of the case, this Court directs the respondents to consider the representation of the petitioner and to pay interest at the rate of 4% for the belated payment and pass orders within a period of eight weeks from the date of receipt of a copy of this Order, if there is no legal impediment. This writ petition is disposed of in the above terms. No costs.

27.04.2023 Index:Yes/No Speaking order/Non-speaking order smn 3/4

V.BHAVANI SUBBAROYAN,J.

smn To

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

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

3. The Administrator, Tamil Nadu State Transport Corporation Employees' Pension Fund Trust, Thiruvalluvar Illam, Anna Salai, Chennai - 600 002.

W.P.No.12883 of 2023 27.04.2023 4/4