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Madras High CourtWP/30163/2024disposed of

R.Chandrasekaran v. The Managing Director

2024-10-17Honourable Mr Justice N. Anand Venkatesh4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 17.10.2024

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH R.Chandrasekaran S/o.Rangasamy ... Petitioner Vs.

1.The Managing Director, Tamil Nadu State Transport Corporation (Salem) Ltd., Salem Division, No.12, Ramakrishna Road, Post Box No.713, Salem - 636 007.

2.The General Manager, Tamil Nadu State Transport Corporation (Salem) Ltd., Salem Division, No.12, Ramakrishna Road, Post Box No.713, Salem - 636 007.

... Respondents Writ Petition filed under Article 226 of the Constitution of India seeking issuance of a Writ of Mandamus directing the respondents to settle the interest for the belated payment of retirement benefits such as Earned Leave and Provident Fund payable to the petitioner with 6% interest within the time frame that may be stipulated by this Court. For Petitioner : Mr.N.Sudhagar Nagaraj For Respondents : Mr.K.Raja, Standing Counsel *****

O R D E R

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This writ petition has been filed seeking issuance of a writ of mandamus directing the respondents to settle the interest for the belated payment of retirement benefits such as Earned Leave and Provident Fund payable to the petitioner with 6% interest within the time frame fixed by this Court.

2. Heard Mr.N.Sudhagar Nagaraj, learned counsel for petitioner and Mr.K.Raja, learned Standing Counsel appearing for respondents.

3. The case of the petitioner is that he joined in the respondent transport corporation on 10.03.1992 and worked as Checking Inspector and he voluntarily retired from service on 23.05.2021.

4. The grievance of the petitioner is that even though he retired from service as early as on 23.05.2021, the respondents have settled the terminal benefits only on 13.03.2023 without interest. In view of the same, the petitioner submitted a representation to the respondent on 25.07.2024 in this regard. Since the same was not considered, the present writ petition has been filed.

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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. This Writ Petition is disposed of with the above direction. No costs.

17.10.2024 Index: yes/no Speaking Order/Non-Speaking Order gm N.ANAND VENKATESH, J gm To 3/4

1.The Managing Director, Tamil Nadu State Transport Corporation (Salem) Ltd., Salem Division, No.12, Ramakrishna Road, Post Box No.713, Salem - 636 007.

2.The General Manager, Tamil Nadu State Transport Corporation (Salem) Ltd., Salem Division, No.12, Ramakrishna Road, Post Box No.713, Salem - 636 007.

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