N.Selvizhi v. The Managing Director

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 18.09.2024

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Writ Petition No.26865 of 2024 N.Selvizhi ... Petitioner Vs.

1.The Managing Director, Tamil Nadu State Transport Corporation (Vilupuram) Ltd., No.3/137, Salamedu, Villupuram, Villupuram District- 605 602

2. The Administrator, Tamil nadu State Transport Corporation, Employees Pension Fund Trust, No.2, Pallavan Salai, Chennai - 600 002 ... Respondents Writ Petition filed under Article 226 of the Constitution of India seeking issuance of a Writ of Mandamus directing the respondents to pay interest @ 10% for the belated payment of Gratuity, P.F, leave Salary and commutation of pension amount to the petitioner. For Petitioners : Mr.S.T.Varadarajalu For Respondents : Mr.R.Venkatesa Perumal, Standing Counsel [R1] Mr.C.S.K.Sathish Standing counsel [R2] ***** 1/4

O R D E R

This writ petition has been filed for the issue of writ of Mandamus directing the respondents to pay interest for the belated payment of Gratuity, P.F, leave Salary and commutation of pension amount to the petitioner.

2.

The case of the petitioner is that he was initially joined the services of the respondent Corporation as Clerk. After completion of 31 years of service, the petitioner retired from service on 31.05.2022 as "Selection Grade Assistant".

3.

The grievance of the petitioner is that even though he retired from service as early as in the year 2022, the respondents settled the terminal benefits after twelve months and thereby, there was delay in settling this amount. In view of the same, the petitioner submitted a representation to the respondents seeking for interest. Since the same was not considered, the present writ petition has been filed. 4.Heard : Mr.S.T.Varadarajalu, learned counsel for the petitioner and Mr.R.Venkatesa Perumal, learned Standing Counsel for 1st respondent and Mr.C.S.K.Sathish , learned Standing counsel for 2nd respondent.

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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 2nd 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 2nd respondent along with a copy of this order. No costs. 18.09.2024 Index: yes/no Speaking Order/Non-Speaking Order rka 3/4

N.ANAND VENKATESH, J rka To 1.The Managing Director, Tamil Nadu State Transport Corporation (Vilupuram) Ltd., No.3/137, Salamedu, Villupuram, Villupuram District- 605 602

2. The Administrator, Tamil nadu State Transport Corporation, Employees Pension Fund Trust, No.2, Pallavan Salai, Chennai - 600 002 Writ Petition No.26865 of 2024 18.09.2024 4/4