D.Periyappa v. M/S Tamil Nadu State Transport Corporation
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 16.12.2024
CORAM:
THE HONOURABLE MRS. JUSTICE V.BHAVANI SUBBAROYAN W.P.No.38370 of 2024 D.Periyappa
...Petitioner
Vs M/s.Tamil Nadu State Transport Corporation (Villupuram) Limited, Rep. by its Managing Director, No.3/137, Salamedu, Vazhuthareddy Post, Villupuram - 605 002.
...Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the Respondent to settle 6% interest for the belated settlement of retirement benefits after 22 months and salary for 11 days for the period from 21.12.2022 to 31.12.2022 with 6% interest to the petitioner herein, by considering the representation of the petitioner dated 14.11.2024.
For Petitioner : Mr.D.Soundar Raj 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.Mr.R.Venkatesa Perumal, learned Standing counsel takes notice for the respondent.
3. The petitioner has filed this writ petition to issue a Writ of Mandamus directing the Respondents to settle 6% interest for the belated settlement of retirement benefits after 22 months and salary for 11 days for the period from 21.12.2022 to 31.12.2022 with 6% interest to the petitioner herein, by considering the representation of the petitioner dated 14.11.2024.
4. The case of the petitioner is that the petitioner was appointed in the respondent Corporation as Junior Tradesman on 21.08.1998 and retired from service on 31.12.2022 on attaining the age of superannuation. The retirement benefits were settled only on 01.11.2024 after a lapse of 22 months of the retirement from service without interest and salary for the period from 21.11.2022 to 31.12.2022 was not paid with 6% interest. Hence, the petitioner made a representation to the respondent on 14.11.2024 to pay interest for the belated payment. 2/5
However, no action has been taken by the respondent till date. Hence this petition.
5.The learned counsel for the petitioner submitted that it would be suffice if this Court issues a direction to the respondent to consider the petitioner's representation and pass orders.
6. 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.
7. Considering the facts of the case, this Court on submission made by either side counsel directs the respondent to consider the representation of the petitioner and pass orders on the claim made by the petitioner within a period of twelve weeks from the date of receipt of a copy of this Order. With regard to interest for the belated payment it will be 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. 3/5
8.With the above directions, this Writ Petition stands disposed of. No order as to costs.
16.12.2024 Index:Yes/No Speaking order/Non-speaking order msv To M/s.Tamil Nadu State Transport Corporation (Villupuram) Limited, Rep. by its Managing Director, No.3/137, Salamedu, Vazhuthareddy Post, Villupuram - 605 002.
4/5
V.BHAVANI SUBBAROYAN,J.
msv W.P.No.38370 of 2024 16.12.2024 5/5