K.Sundaram v. The Manging Director

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 06.09.2024

CORAM

THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH W.P.No.26238 of 2024 K.Sundaram ... Petitioner Vs.

1.The Managing Director, Tamil Nadu State Transport Corporation (Salem) Limited, No.12, Ramakrishna Road, Salem - 636 007.

2.The Administrator, The Tamil Nadu Transport Corporation Employees Pension Fund Trust, Thiruvallur Illam, Pallavan Salai, Chennai - 02.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the respondents to disburse the interest of 12% for belated payment of Provident Fund, Gratuity, Pension Commutation amount and Leave Surrender within the stipulated time as may be fixed by this Court. For Petitioner : Mr.J.Pradeep For Respondents : Mr.K.Raja Standing Counsel 1/4

O R D E R

This writ petition has been filed for the issue of writ of Mandamus directing the respondents to disburse the interest of 12% for belated payment of Provident Fund, Gratuity, Pension Commutation amount and Leave Surrender within the stipulated time as may be fixed by this Court. 2.The case of the petitioner is that he was appointed as a Driver in the 1st respondent Corporation. He superannuated from service on 31.05.2022. At the time of retirement, the petitioner was serving as "Selection Grade Senior LMV Driver". 3.The grievance of the petitioner is that there was a delay in settling the terminal benefits. In view of the same, the petitioner has sought for payment of interest towards the delay in settlement of the terminal benefits. The petitioner in this regard had made a representation to the respondents on 18.07.2024. Since the same did not evoke any response, the present writ petition has been filed before this Court. 4.Heard Mr.J.Pradeep, learned counsel appearing on behalf of the petitioner and Mr.K.Raja, learned Standing Counsel appearing on behalf of the respondents. 2/4

5.Taking into consideration the facts and circumstances of the case and the materials available on record, this writ petition is disposed of with a direction to the 1st respondent Corporation to pay the eligible amount as payable to the petitioner along with interest at the rate of 6% per annum for the delay period in settling the said amount. This payment shall be made within a period of six weeks from the date of receipt of a copy of this order. It is made clear that if the amount is not paid within the time frame fixed by this Court, it will fetch an interest at the rate of 12% per annum from the date on which the amount became due and payable till the date of actual realisation.

6.The petitioner is directed to submit a fresh representation to the 1st respondent along with a copy of this order. No costs. 06.09.2024 Internet : Yes Index : Yes Speaking Order / Non Speaking Order ssr 3/4

N. ANAND VENKATESH, J.

ssr To 1.The Managing Director, Tamil Nadu State Transport Corporation (Salem) Limited, No.12, Ramakrishna Road, Salem - 636 007.

2.The Administrator, The Tamil Nadu Transport Corporation Employees Pension Fund Trust, Thiruvallur Illam, Pallavan Salai, Chennai - 02.

W.P.No.26238 of 2024 06.09.2024 4/4