N.Mohanasundaram v. The Managing Director

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 26.09.2024

CORAM

THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH W.P.No.28220 of 2024 N.Mohanasundaram ... Petitioner Vs.

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

2.The General Manager, Tamil Nadu State Transport Corporation (Villupuram) Ltd, Cuddalore Region, No 2, Imperial Road, Cuddalore - 607 002.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the respondents to pay a sum of Rs.84,586/- towards surrendered Earned Leave Salary which the petitioner surrendered in May 2018 and May 2019 with 10% interest to the petitioner and 1/5

to pass such other order as this Court.

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For Petitioner : Mr.S.T.Varadarajalu For Respondents : Mr.R.Venkatesa Perumal Standing Counsel

O R D E R

This writ petition has been filed for the issue of writ of Mandamus directing the respondents to pay a sum of Rs.84,586/- towards surrendered Earned Leave Salary which the petitioner surrendered in May 2018 and May 2019 with 10% interest to the petitioner.

2.The case of the petitioner is that he was working as a Supervisor Traineee in the respondent Corporation from 07.09.1989. After completion of 33 years of service, he retired from service as "Branch Manager" on 30.06.2022.

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 3/5

in this regard had made a representation to the respondents on 19.08.2024. Since the same did not evoke any response, the present writ petition has been filed before this Court.

4.Heard Mr.S.T.Varadarajalu, learned counsel for petitioner and Mr.R.Venkatesa Perumal, learned Standing Counsel for respondents. 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 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. 4/5

N. ANAND VENKATESH, J.

ssr 6.The petitioner is directed to submit a fresh representation to the respondent along with a copy of this order. No costs. 26.09.2024 Internet : Yes Index : Yes Speaking Order / Non Speaking Order ssr To 1.The Managing Director, Tamil Nadu State Transport Corporation (Villupuram) Ltd, No.3/137, Salamedu, Villupuram - 605 602.

2.The General Manager, Tamil Nadu State Transport Corporation (Villupuram) Ltd, Cuddalore Region, No 2, Imperial Road, Cuddalore - 607 002.

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