K.Rajasekaran v. The Managing Director

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 17.12.2024

CORAM:

THE HONOURABLE MRS. JUSTICE V.BHAVANI SUBBAROYAN W.P.No.37707 of 2024 K. Rajasekaran

...Petitioner

Vs The Managing Director, Tamil Nadu State Transport Corporation Ltd., Vazhuthareddy Post, Villupuram.

...Respondent

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 within the stipulated time as may be fixed by this Hon'ble Court and pass orders.

For Petitioner : Mr.J. Pradeep For Respondents : Mr.R. Venkatesa Perumal Standing Counsel 1/5

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 3.The case of the petitioner is that the petitioner is a retired employee from the respondent Corporation. The grievance of the petitioner is that inspite the petitioner retired on 30.09.2022, the terminal benefits was settled only on 23.05.2023. Hence, the petitioner is entitled to interest for the belated period. Therefore, the petitioner gave a representation to the respondents on 21.11.2024. However, no action has been taken by the respondents till date. Hence this petition. 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.

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5. The learned standing counsel appearing for the respondents 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 and the submissions made by either side counsel, this Court directs 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 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. 7.With the above directions, this Writ Petition stands disposed of. No order as to costs.

17.12.2024 Index:Yes/No Speaking order/Non-speaking order smn 3/5

To The Managing Director, Tamil Nadu State Transport Corporation Ltd., Vazhuthareddy Post, Villupuram.

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V.BHAVANI SUBBAROYAN,J.

Smn W.P.No.37707 of 2024 17.12.2024 5/5