Sagayanathan v. The Managing Director
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 12.11.2024
CORAM:
THE HONOURABLE MRS. JUSTICE V.BHAVANI SUBBAROYAN W.P.No.32933 of 2024 Sagayanathan
...Petitioner
Vs
1. The Managing Director, Tamil Nadu State Transport Corporation ( Salem ) Limited, No.12, Ramakrishna Road, Salem - 636 007.
2. The General Manager, Tamil Nadu State Transport Corporation ( Salem ) Limited Dharmapuri Region, Bharathipuram, Dharmapuri
...Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the Respondents to disburse the 6% interest for belated payment of Provident Fund, Gratuity and Earned Leave Salary and consequently direct the Respondents to pay the unsettled benefits of leave encashment amount and last 7 days salary within the stipulated time as may be fixed by this Court and pass orders 1/5
For Petitioner : Mr.J. Pradeep For Respondents : Mr.K. Raja Standing Counsel
ORDER
By consent of both parties, this writ petition is taken up for final disposal at the stage of admission itself.
2. The petitioner has filed this writ petition to issue a Writ of Mandamus directing the Respondents to disburse the 6% interest for belated payment of Provident Fund, Gratuity and Earned Leave Salary and consequently direct the Respondents to pay the unsettled benefits of leave encashment amount and last 7 days salary within the stipulated time and pass orders.
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 their terminal benefits. The petitioner in this regard had made a representation to the first respondent on 14.05.2024. Since, the same did not evoke any 2/5
response, the present writ petition has been filed before this Court. 4.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.
5. 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 P.A as per the earlier orders of this Court.
6. Considering the facts of the case, this Court on submission made by either side counsel directs the respondents to consider the representation of the petitioner and pay eligible amount to the petitioner along with interest at the rate of 6% per annum for the delay period in settling the said amount. The payment shall be made within a period of twelve 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 3/5
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.
7.With the above directions, this Writ Petition stands disposed of. No order as to costs.
12.11.2024 Index:Yes/No Speaking order/Non-speaking order smn To
1. The Managing Director, Tamil Nadu State Transport Corporation ( Salem ) Limited, No.12, Ramakrishna Road, Salem - 636 007.
2. The General Manager, Tamil Nadu State Transport Corporation ( Salem ) Limited Dharmapuri Region, Bharathipuram, Dharmapuri 4/5
V.BHAVANI SUBBAROYAN,J.
Smn W.P.No.32933 of 2024 12.11.2024 2/2 5/5