A.Lazar Rathan Raj- 3857 v. The Managing Director
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 19.12.2024
CORAM:
THE HONOURABLE MRS. JUSTICE V.BHAVANI SUBBAROYAN W.P.No.38087 of 2024 A, Lazar Rathan Raj
...Petitioner
Vs 1.The Managing Director, Tamil Nadu State Transport Corporation (Villupuram) Limited, 3/137, Salamedu, Valudhareddy Post, Villupuram - 605 602.
2. The General Manager, Tamil Nadu State Transport Corporation (Villupuram ) Limited, Vellore Regional Office, Ponnerikarai, Vellore.
...Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondents to pay interest amounts to the petitioner for the belatedly paid Provident Fund, Service Gratuity and Leave Salary at the rate of 6% per annum for 21 months of delayed payment in the light of the Judgment passed by this Hon'ble Court on 23.10.2024 in W.P.No.30766 of 2024 and pass orders. 1/6
For Petitioner : Mr.N. Ishak For Respondents : Mr.R. Venkatesa Perumal 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 pay interest amounts to the petitioner for the belatedly paid Provident Fund, Service Gratuity and Leave Salary at the rate of 6% per annum for 21 months of delayed payment in the light of the Judgment passed by this Court in 23.10.2024 in W.P.No.30766 of 2024 and pass orders.
3.The case of the petitioner is that the petitioner joined as Tradesman in the Respondent Corporation on 09.03.1992 and retired as Senior Grade Tradesman on 31.01.2023. The grievance of the petitioner is that eventhough the petitioner retired on 31.01.2023, the terminal benefits 2/6
were settled only on 01.11.2024. The sum and substance of the case is that as there was a delay in paying the retirement benefits the petitioner is entitled for interest for the belated payment which has not been paid by the Respondents, due to which he gave a representation to the respondents on 18.11.2024 requesting to pay the interest for the belated payment. 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.
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 3/6
by either side counsel, this Court directs the Respondents 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.
19.12.2024 Index:Yes/No Speaking order/Non-speaking order smn 4/6
To 1.The Managing Director, Tamil Nadu State Transport Corporation (Villupuram) Limited, 3/137, Salamedu, Valudhareddy Post, Villupuram - 605 602.
2. The General Manager, Tamil Nadu State Transport Corporation (Villupuram ) Limited, Vellore Regional Office, Ponnerikarai, Vellore.
5/6
V.BHAVANI SUBBAROYAN,J.
Smn W.P.No.38087 of 2024 19.12.2024 6/6