Madras High CourtWP/10801/2024disposed of

E.Elangovan v. The State Of Tamil Nadu Rep By

2024-04-23Honourable Mr Justice D.Bharatha Chakravarthy5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 23.04.2024 CORAM :

THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY E.Elangovan ..

Petitioner Vs.

1.The State of Tamil Nadu, Rep. by its Principal Secretary, Transport Department, Fort.St.George, Chennai - 9.

2.The Managing Director, Metropolitan Transport Corporation (Chennai) Ltd., Chennai - 2.

3.Tamil Nadu State Transport Corporations Employees' Pension Fund Trust, Rep. by its Administrator, Thiruvalluvar Illam, Pallavan Salai, Chennai - 600 002.

.. Respondents Prayer: Petition filed under Article 226 of the Constitution of India seeking a Writ of Mandamus directing the respondents to pay interest at the rate of 6% per annum for the belated payment of leave salary, Provident Fund, gratuity and commutation as sought for in his representation dated 29.03.2024 within a time to be stipulated by this Court.

For the Petitioner :

Mr.L.Chandrakumar For Respondent 1 :

Mr.P.Ganesan, Government Advocate For Respondents 2 & 3 :

Mr.V.Balaji

ORDER

This writ petition is for a direction to the respondents to pay interest at the rate of 6% per annum for the belated payment of leave salary, Provident Fund, gratuity and commutation of pension.

2. Mr.V.Balaji, learned Counsel takes notice for the respondents 2 & 3 and submits that, in all the similar matters, this Court has consistently allowed the payment with interest at the rate of 6% per annum.

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

(i) The respondents are directed to compute the interest at the rate of 6% per annum on the belated payment of Leave Salary, Provident Fund,

Gratuity and commutation 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 Index : Yes/No : Yes/No Speaking order : Yes/No vm To 1.The Principal Secretary, Transport Department, Fort.St.George, Chennai - 9.

2.The Managing Director, Metropolitan Transport Corporation (Chennai) Ltd., Chennai - 2.

3.The Administrator,

Tamil Nadu State Transport Corporations Employees' Pension Fund Trust, Thiruvalluvar Illam, Pallavan Salai, Chennai - 600 002.

D.BHARATHA CHAKRAVARTHY, J.

23.04.2024