S.Kalaiselvam- Staff No.42667/ 44961 v. The Managing Director

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.10.2024

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH S.Kalaiselvam - Staff No.42667/44961 .. Petitioner Vs.

1.The Managing Director, Tamil Nadu State Transport Corporation (Villupuram) Limited, 3/137, Salamedu, Valudhareddy Post, Villupuram - 605 602.

2.The General Manager, Tamil Nadu State Transport Corporation (Villupuram) Limited, Thiruvannamalai Regional Office, Thiruvannamalai.

.. Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the respondents to pay interest amounts to the petitioner for the belatedly paid Provident Fund, Service Gratuity and Leave Salary at the rate of 6% per annum for 9 months of delayed payment in the light of the judgment passed by this Court on 26.06.2024 in W.P.No.16674 of 2024.

For petitioner :

Mr.N.Ishak For Respondents :

Mr.R.Venkatesa Perumal 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 pay interest amounts to the petitioner for the belatedly paid Provident Fund, Service Gratuity and Leave Salary at the rate of 6% per annum for 9 months of delayed payment. 2.The case of the petitioner is that he joined as Driver in the respondent Corporation in the year 1992 and he retired from his service on 31.08.2022.

3.The grievance of the petitioner is that after his retirement, the petitioner was paid with his terminal benefits belatedly on 30.05.2023. Hence, the petitioner sent representation dated 02.09.2024 to the respondents seeking for payment of interest for the belated payment. Since the same did not evoke any response, the petitioner has come with the present writ petition for the relief sought for above. 4.Heard the learned counsel for the petitioner and the learned Standing Counsel for the respondents.

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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 with interest at the rate of 6% per annum for the delay period in settling the terminal benefits. This payment shall be made 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 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. 03.10.2024 krk Index : Yes / No Internet : Yes / No : Yes / No 3/4

N.ANAND VENKATESH, J.

krk To 1.The Managing Director, Tamil Nadu State Transport Corporation (Villupuram) Limited, 3/137, Salamedu, Valudhareddy Post, Villupuram - 605 602.

2.The General Manager, Tamil Nadu State Transport Corporation (Villupuram) Limited, Thiruvannamalai Regional Office, Thiruvannamalai.

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