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Madras High CourtWP/20621/2021disposed of

R.Srinivasan v. State Of Tamilnadu

2021-09-27Honourable Mr Justice C. Saravanan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 27.09.2021

CORAM

THE HONOURABLE MR.JUSTICE C.SARAVANAN W.P.No.20621 of 2021 (Through Video Conferencing) R.Srinivasan

...Petitioner

Vs

1. The Secretary to Government, The Government of Tamil Nadu, Municipal Administration and Water Supply Department Fort St. George, Chennai - 600 009.

2. The Commissioner of Municipal Administration Office of Municipal Administration, 11th Floor, Urban Administrative Building, (opp. to Ciba Building) Santhome High Road, M.R.C. Nagar, Raja Annamalaipuram, Chennai - 600 028.

3. The Director of Local Fund Audit, Combined Finance Department Office Complex, Behind Veterinary Hospital, IV Floor, Nandanam, Chennai - 600 035.

4. The Assistant Director of Local Fund Audit, Udhagamandalam, Nilgiri District - 643 001.

5. The Commissioner Coonoor Municipality Coonoor - 643101 Nilgiri District.

... Respondents Prayer: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, to direct respondents to pass orders on the communication received by Assistant Director of Local Fund Audit, Uhagamandalam within a date fixed by this Hon'ble Court and consequently direct the respondents to pay interest on belated payment of terminal benefits based on the representation of the petitioner dated 10.12.2020 and to pay interest on the belated payment of terminal benefits on Rs.8,66,316/- for 10 years 9 months and on Rs.40,381/- for 10 years 11 months.

For Petitioner : Mr.A.R.Nixon For Respondents : Mr.L.S.M.Hasan Fizal Learned Government Advocate.

ORDER

Mr.L.S.M.Hasan Fizal, learned Government Advocate takes notice on behalf of the respondents.

2.The learned counsel for the petitioner submits the retired employees on Transport Corporation of Tamil Nadu, this Court has been passing an order granting interest at 4%. The relevant portion of the order reads as under:- "(i) Respondent/Transport Corporation is directed to pay interest @ 4% per annum to the Petitioner for the belated payment of gratuity, leave salary and communication of pension amount that are yet to be settled, in six equal monthly instalments, commencing 01.04.2021.

(ii) In case of delay in making instalments within the time stipulated supra, with reference to the judgment of the Division Bench of this Court (supra), interest payable for the period of delay shall be at 6% per annum."

3.Considering the same, the respondents are therefore directed to pay interest at 4% on all the amounts other than DCRG. Such exercise shall be carried out by the respondents within a period of eight weeks from the date of receipt of a copy of this order. No costs.

Sd/- Assistant Registrar (CS-IV) //True Copy// Sub Assistant Registrar jas To

1. The Secretary to Government, The Government of Tamil Nadu, Municipal Administration and Water Supply Department Fort St. George, Chennai - 600 009.

2. The Commissioner of Municipal Administration Office of Municipal Administration, 11th Floor, Urban Administrative Building, (opp. to Ciba Building) Santhome High Road, M.R.C. Nagar, Raja Annamalaipuram, Chennai - 600 028.

3. The Director of Local Fund Audit, Combined Finance Department Office Complex, Behind Veterinary Hospital, IV Floor, Nandanam, Chennai - 600 035.

4. The Assistant Director of Local Fund Audit, Udhagamandalam, Nilgiri District - 643 001.

5. The Commissioner Coonoor Municipality Coonoor - 643101 Nilgiri District.

+1cc to Mr.A.R.Nixon, Advocate, S.R.No.50220 +1cc to the Government Pleader, S.R.No.50489 W.P.No.20621 of 2021 RGN(CO) GN(02/11/2021)