P.Nagarajan, (17645) v. Tamil Nadu State Transport Corporation (Kovai) Ltd

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 15.10.2024

CORAM

THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH W.P.No.30160 of 2024 P.Nagarajan ... Petitioner Vs.

Tamil Nadu State Transport Corporation (Kovai) Ltd, Rep. by its Managing Director, No37, Mettupalayam Road, Coimbatore - 641 043.

... Respondent Prayer : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the Respondents to pay the Petitioner interest at the rate of 12 percent per annum for the belated payment of his PF, gratuity, commuted value of pension and earned leave salary, to pay the amounts towards 25.5 days of earned leave surrendered by the petitioner, while he was in service and to Pay him a Sum of Rs.14,400/- towards the STERBS Fund as admitted by the Respondent in their reply to the petitioners RTI, together with interest at the rate of 12 percent within a specified time, as may be fixed by this Court.

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For Petitioner : Mr.R.Krishnaswamy For Respondents : Mr.M.Murali Vinodh 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 the Petitioner interest at the rate of 12 percent per annum for the belated payment of his PF, gratuity, commuted value of pension and earned leave salary, to pay the amounts towards 25.5 days of earned leave surrendered by the petitioner, while he was in service and to Pay him a Sum of Rs.14,400/- towards the STERBS Fund as admitted by the Respondent in their reply to the petitioners RTI, together with interest at the rate of 12 percent within a specified time, as may be fixed by this Court. 2.The case of the petitioner is that he was working as a Conductor in the respondent Corporation from 15.02.1989. After completion of 29 years of service, he retired from service on 31.03.2018. 2/4

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 in this regard had made a representation to the respondent on 04.05.2024. Since the same did not evoke any response, the present writ petition has been filed before this Court.

4.Heard Mr.R.Krishnaswamy, learned counsel for petitioner, Mr.M.Murali Vinodh, learned Standing Counsel for the respondent. 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 3/4

N. ANAND VENKATESH, J.

ssr 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 respondent along with a copy of this order. No costs. 15.10.2024 Internet : Yes (6/6) Index : Yes Speaking Order / Non Speaking Order ssr To The Managing Director, Tamil Nadu State Transport Corporation (Kovai) Ltd, No37, Mettupalayam Road, Coimbatore - 641 043.

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