← Library
Madras High CourtWP/37937/2024disposed of

V.Dhandapani v. Tamil Nadu State Transport

2024-12-20Honourable Mr.Justice Mummineni Sudheer Kumar5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 20.12.2024

CORAM

THE HONOURABLE MR.JUSTICE MUMMINENI SUDHEER KUMAR V.Dhandapani ... Petitioner Vs.

Tamil Nadu State Transport Corporation (Coimbatore) Ltd., No.37, Mettupalayam Road, Coimbatore - 641 043.

... Respondent Prayer: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondent to forthwith disburse the interest amount at the rate of 12% for the delayed payment of petitioner's retirement benefits by considering the petitioner's representation dated 15.11.2024.

For Petitioner : Mr.R.Kannan For Respondent : Mr.C.Gauthamaraj, Standing Counsel

O R D E R

This writ petition has been filed seeking issuance of a writ of mandamus directing the respondent to forthwith disburse the interest amount at the rate of 12% for the delayed payment of petitioner's retirement benefits

by considering the petitioner's representation dated 15.11.2024.

2. Heard Mr.R.Kannan, learned counsel appearing for petitioner, and Mr.C.Gauthamaraj, learned Standing Counsel appearing for the respondent.

3. The case of the petitioner is that he was working as a Senior Assistant Engineer (Special Grade) in the respondent Corporation and retired from service on 31.01.2023.

4. The grievance of the petitioner pertains to the delay of 638 days in settling the terminal benefits payable to the petitioner. According to the petitioner, he is entitled to get interest at the rate of 12% per annum for the belated payment of petitioner's retirement benefits. However, this was not settled in spite of a representation made by the petitioner. It is under these circumstances, the present writ petition has been filed before this Court.

5. Taking into consideration the facts and circumstances of the case and the materials available on record, this writ petition is disposed of with a direction to 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.

6. The petitioner is directed to submit a fresh representation to the respondent along with a copy of this order.

7. This writ petition is disposed of with the above directions. No costs. Connected miscellaneous petitions, if any, shall stand closed. 20.12.2024 skr Index : Yes / No Speaking order / Non-speaking order To Tamil Nadu State Transport Corporation (Coimbatore) Ltd., No.37, Mettupalayam Road, Coimbatore - 641 043.

MUMMINENI SUDHEER KUMAR, J.

skr

20.12.2024