M.Manoharan v. Tamilnadu State Transport Corporation (Villupuram )Ltd
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 05.09.2024
CORAM
THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH M.Manoharan S/o.M.Munusamy ... Petitioner Vs.
1.Tamil Nadu State Transport Corporation (Villupuram) Ltd., represented by its Managing Director, 3/137, Salamedu, Villupuram.
2.The General Manager, Tamil Nadu State Transport Corporation (Villupuram) Ltd., Kancheepuram Region, Chennai Bangalore National Highways, Ponnerikarai, Kancheepuram.
... Respondents Writ Petition filed under Article 226 of the Constitution of India seeking issuance of a Writ of Mandamus directing the respondents to pay the petitioner interest at the rate of 10% p.a. for Rs.11,91,650/-, which was paid to him towards Gratuity and to pay the petitioner interest at the rate of 12% p.a. for Rs.2,53,045/- which was paid to him towards earned leave salary, since those amounts have been paid after a delay of 18 months and 19 months respectively and to pay him interest for the said amounts, within a specified time as may be fixed by this Court. For Petitioner : Mr.G.Vijay Priyan For Respondents : Mr.R.Venkatesaperumal Standing Counsel *****
O R D E R
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This writ petition has been filed seeking issuance of a writ of mandamus directing the respondents to pay the petitioner interest at the rate of 10% p.a. for Rs.11,91,650/-, which was paid to him towards Gratuity and to pay the petitioner interest at the rate of 12% p.a. for Rs.2,53,045/- which was paid to him towards earned leave salary, since those amounts have been paid after a delay of 18 months and 19 months respectively and to pay him interest for the said amounts, within a specified time as may be fixed by this Court.
2. Heard Mr.G.Vijay Priyan, learned counsel for petitioner and Mr.R.Venkatesaperumal, learned Standing Counsel appearing for respondents.
3. The case of the petitioner is that he joined the service of the respondent Corporation as ITI Helper on 05.06.1981. Ultimately, he retired from service on 30.04.2018 on attaining the age of superannuation as Senior Tradesman.
4. The grievance of the petitioner is that even though he retired from service as early as on 30.04.2018, the respondents have settled the 2/4
terminal benefits only on 31.08.2019 and 20.09.2019. In view of the same, the petitioner submitted a representation to the respondents to pay interest for the belated payment of terminal benefits. Since the same was not considered, the present writ petition has been filed.
5. Taking into consideration the facts and circumstances of the case and the grievance expressed by the petitioner, there shall be a direction to the respondents to pay the eligible and admissible amount with interest at the rate of 6% p.a. for the belated payment to the petitioner within a period of six (6) 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 interest at the rate of 12% p.a. 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 respondents along with a copy of this order. N.ANAND VENKATESH, J gm 3/4
This Writ Petition is disposed of with the above direction. No costs.
05.09.2024 Index: yes/no Speaking Order/Non-Speaking Order gm To 1.The Managing Director, Tamil Nadu State Transport Corporation (Villupuram) Ltd., 3/137, Salamedu, Villupuram.
2.The General Manager, Tamil Nadu State Transport Corporation (Villupuram) Ltd., Kancheepuram Region, Chennai Bangalore National Highways, Ponnerikarai, Kancheepuram.
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