D.Sugaseelan v. The Tamilnadu State Transport Corporation Ltd
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 19.09.2024
CORAM
THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH D.Sugaseelan ... Petitioner Vs.
1.The Tamil Nadu State Transport Corporation Ltd., Coimbatore Division I, represented by its Managing Director, No.37, Mettupalayam Road, Coimbatore.
2.The Administrator, Tamil Nadu Pension Trust, Pallavan Salai, Chennai.
... Respondents Writ Petition filed under Article 226 of the Constitution of India seeking issuance of a Writ of Mandamus directing the first respondent herein to pay interest for the delayed payments made with respect to gratuity, provident fund, commutation, encashment of earned leave and pending surrendered leave amount for 60 days with interest. For Petitioner : Mr.D.Anand Raja For Respondents : Mr.C.Gouthamaraj, Standing Counsel [R1] Mr.C.S.K.Sathish, Standing Counsel [R2] *****
O R D E R
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This writ petition has been filed seeking issuance of a writ of mandamus directing the first respondent herein to pay interest for the delayed payments made with respect to gratuity, provident fund, commutation, encashment of earned leave and pending surrendered leave amount for 60 days with interest.
2. Heard Mr.D.Anand Raja, learned counsel for petitioner, Mr.C.Gouthamaraj, learned Standing Counsel appearing for first respondent and Mr.C.S.K.Sathish, learned Standing Counsel appearing for second respondent.
3. The case of the petitioner is that he worked as Special Grade Conductor in the first respondent corporation and he retired from service on 30.04.2018.
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 retirement benefits partly and belatedly in the year 2019 without interest for the period of delay. In view of the same, the petitioner submitted a representation to the respondent on 23.12.2021 to pay interest for the 2/4
delayed payment. 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. 3/4
N.ANAND VENKATESH, J gm This Writ Petition is disposed of with the above direction. No costs.
19.09.2024 Index: yes/no Speaking Order/Non-Speaking Order gm To 1.The Managing Director, Tamil Nadu State Transport Corporation Ltd., Coimabtore Division I, No.37, Mettupalayam Road, Coimbatore.
2.The Administrator, Tamil Nadu Pension Trust, Pallavan Salai, Chennai.
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