M.Manian v. The Managing Director
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 12.10.2023
CORAM:
THE HON'BLE Mrs.JUSTICE V.BHAVANI SUBBAROYAN W.P.Nos.29618 and 29624 of 2023 & W.M.P.Nos.29242 and 29244 of 2023 W.P.No.29618 of 2023:
1.M.Manian 2.D.Gnanasekaran 3.P.Ravi 4.V.S.Thananjayan 5.R.Sivakumar 6.S.Nithiyanantham 7.D.Sekaran 8.D.Sekar 9.J.Elumalai 10.N.Venkatesan 11.C.Seenuvasan 12.G.Thiruvel Murugan 13.S.Sivanesan ... Petitioners Vs.
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No.2, Pallavan Salai, Chennai ... Respondents Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus directing the respondents to pay interest @ 10% for the belated payment of gratuity, leave salary, provident fund and commutaion of pension amount to the petitioners. W.P.No.29624 of 2023:
1.K.G.Velu 2.K.Mariadhas 3.G.Sambath 4.C.Paramsivam 5.S.A.Subiramanian 6.C.Jayaveeran 7.A.Sankar 8.S.Egambaram 9.T.Munusamy 10.M.Swaminathan 11.J.Uma Mageshwari ... Petitioners Vs.
No.2, Pallavan Salai, Chennai ... Respondents 2/6
Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus directing the respondents to pay interest @ 10% for the belated payment of gratuity, leave salary, provident fund and commutaion of pension amount to the petitioners. For Petitioners : Mr.T.Karkivelan in both cases For Respondents : Mr.R.Venkatesa Perumal for R1 Mr.C.S.K.Sathish for R2 Standing Counsels C O M M O N O R D E R The Writ Petitions are filed Seeking for an issuance of a Writ of Mandamus directing the respondents to pay interest @ 10% for the belated payment of terminal benefits such as gratuity provident fund, leave salary and commutation amount to the petitioners, the petitioners have come up with the present Writ Petitions.
2. With consent on either side, the main Writ Petitions itself are taken up for final disposal at the admission stage.
3. The brief facts of the case is that the petitioners joined the services of the respondents as Conductors and they have rendered nearly 25-33 years 3/6
of continuous service. The petitioners retired during the year 2022. After retirement, the respondents had not settled the terminal benefits and the amount was settled on installment basis belatedly after a long time. The petitioners have sent representations to pay interest for the belated payment, however, till date the respondents neither replied nor settled the interest for the belated payment, hence these petitions.
4. The learned counsel for the petitioners would submit that the Hon'ble Division Bench of this Court in W.A.No.665 of 2018 dated 28.03.2018 has ordered to pay interest for the belated payment, therefore, the representation was sent to the authorities, however, the same has not been considered, thereby seeks a direction to the respondents to consider the same.
5. On the other hand, learned standing counsels appearing on behalf of the respondents submits that representation made by the petitioners will be considered strictly in accordance with law. Further, the petitioners have claimed interest at the rate of 10%, if the petitioners are found eligible appropriate orders will be passed fixing the interest prevailing as on date within a time to be fixed by this Court.
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6. Taking into consideration of the facts and circumstances of the case and without going into the merits of the matter, there shall be a direction to the respondents to consider the representation made by the petitioners and to pay interest at the rate of 4% for the belated payment and pass appropriate orders in accordance with law within a period of six weeks from the date of receipt of a copy of this order, if there is no legal impediment.
In view of the above, the present Writ Petitions are disposed of. No costs. Consequently, connected miscellaneous petitions are closed. 12.10.2023 Index:Yes/No;
Internet:Yes/No Speaking / Nonspeaking order 5/6
V.BHAVANI SUBBAROYAN J.
kpr To No.2, Pallavan Salai, Chennai W.P.Nos.29618 and 29624 of 2023 & W.M.P.Nos.29242 and 29244 of 2023 12.10.2023 6/6