M.Manahoran (Cic 930131) v. The Managing Director

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 25.10.2024

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH M.Manoharan ... Petitioner Vs.

The Managing Director, Tamil Nadu State Transport Corporation, 37, Mettupalayam Road, Coimbatore - 43.

... Respondent Writ Petition filed under Article 226 of the Constitution of India seeking issuance of a Writ of Mandamus directing the respondent herein to pay interest for the delayed payment made with respect to Gratuity, Provident Fund and Leave Surrender. For Petitioner : Mr.D.Anand Raja For Respondent : Mr.C.Gowthamaraj Standing Counsel *****

O R D E R

This writ petition has been filed seeking issuance of a writ of mandamus directing the respondent herein to pay interest for the delayed payment made with respect to Gratuity, Provident Fund and Leave Surrender.

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2. Heard Mr.D.Anand Raja, learned counsel for petitioner and Mr.C.Gowthamaraj, learned Standing Counsel appearing for respondent.

3. The case of the petitioner is that he worked as Senior Checking Inspector in the first respondent corporation and retired from service on 31.05.2022 on attaining the age of superannuation.

4. The grievance of the petitioner is that even though he retired from service as early as on 31.05.2022, the respondent has settled the retirement benefits partly and belatedly without interest for the period of delay. In view of the same, the petitioner submitted a representation to the respondents on 30.08.2024 to disburse the above benefits with interest. Since the same was not considered, the present writ petition has been filed.

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 2/4

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 respondent along with a copy of this order. This Writ Petition is disposed of with the above direction. No costs.

25.10.2024 Index: yes/no Speaking Order/Non-Speaking Order gm To The Managing Director, Tamil Nadu State Transport Corporation, 37, Mettupalayam Road, Coimbatore - 43.

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N.ANAND VENKATESH, J gm 25.10.2024 4/4