V.Ulaganathan v. The Managing Director

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 07.11.2024

CORAM:

THE HONOURABLE MRS. JUSTICE V.BHAVANI SUBBAROYAN V.Ulaganathan ... Petitioner

Versus

1. The Managing Director, Tamilnadu State Transport Corporation (Villupuram) Ltd., 3/137, Salamedu, Villupuram - 605 602

2. The General Manager, Tamilnadu State Transport Corporation, (Villupuram) Ltd., Vellore Region, Rangapuram, Vellore - 632 009

3. The Administrator, Tamilnadu State Transport Corporation, Employees' Pension Fund Trust, Thiruvalluvar Illam, Anna Salai, Chennai - 600 002

...Respondents

Prayer : Writ Petition filed under Article 226 of Constitution of India for issuance of a Writ of Mandamus directing the respondents to pay interest at the rate of 8% per annum for the belated payment of petitioner's Surrender Leave Salary, Gratuity and Commutation within a time limit to be stipulated by this Court.

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For Petitioner : Mr.J.Lakshminarayanan For Respondents : Mr.R.Venkatesa Perumal

O R D E R

The present Writ Petition has been filed by the petitioner for issuance of a Writ of Mandamus directing the respondents to pay interest at the rate of 8% per annum for the belated payment of petitioner's Surrender Leave Salary, Gratuity and Commutation within a time limit to be stipulated by this Court.

2. The case of the petitioner is that the petitioner is a retired employee from the Respondent/Corporation. The grievance of the petitioner is that the respondents settled the surrender leave salary, gratuity and commutation with a delay of 601 days, therefore, the petitioner has made a request with the respondents to disburse the interest for the belated payment, but the respondent has not turned up. Therefore, the petitioner gave representations to the respondent on 03.09.2024 with regard to the said issue. However, no action has been taken by the respondents till date. Hence this petition. 2/5

3.The learned counsel for the petitioner submitted that it would be suffice if this Court issues a direction to the respondents to consider the petitioner's representation and pass orders.

4. The learned standing counsel appearing for the respondent submitted that the representation of the petitioner will be considered and will pay the eligible amount with 6% interest per annum as per the earlier orders of this Court.

5. Considering the facts of the case and taking note of the submissions made on either side, this Court directs the respondents to consider the representation of the petitioner and pass orders on the claim made by the petitioner within a period of eight weeks from the date of receipt of a copy of this Order with 6% interest per annum from the date on which the amount became due and payable till the date of disbursement. It is made clear that if the amount is not paid within the time frame fixed by this Court, the same will carry interest at the rate of 12% per annum from the date on which the amount became due and payable till the date of disbursement.

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6. With the above directions, this Writ Petition stands disposed of. No order as to costs.

07.11.2024 Index : Yes/No Internet: Yes / No Speaking order : Yes/No ssd To

1. The Managing Director, Tamilnadu State Transport Corporation (Villupuram) Ltd., 3/137, Salamedu, Villupuram - 605 602

2. The General Manager, Tamilnadu State Transport Corporation, (Villupuram) Ltd., Vellore Region, Rangapuram, Vellore - 632 009

3. The Administrator, Tamilnadu State Transport Corporation, Employees' Pension Fund Trust, Thiruvalluvar Illam, Anna Salai, Chennai - 600 002 4/5

V.BHAVANI SUBBAROYAN, J.

ssd 07.11.2024 5/5