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Madras High CourtWP/38554/2024disposed of

N.Appusamy v. The Managing Director

2024-12-18Honourable Mrs Justice V.Bhavani Subbaroyan5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 18.12.2024

CORAM:

THE HONOURABLE MRS. JUSTICE V.BHAVANI SUBBAROYAN W.P.No.38554 of 2024 N. Appusamy

...Petitioner

Vs The Managing Director, Tamil Nadu State Transport Corporation(salem) Ltd., No.12 Ramakrishna Road, Salem 636 007.

...Respondents

PRAYER: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondents to pay the balance amount of Rs.51,489/- with 12% interest from the date of retirement i.e on 30.11.2020 till the date of payment and to pay 12% interest for the delayed payment of Rs.22,49,888/- from the date of retirement i.e on 30.11.2020 till the date of payment of retirement benefits i.e on 01.12.2022 and 07.12.2022 respectively within a specific period by considering the representation of the petitioner dated 14.10.2024 and pass orders.

For Petitioner : Mr.N. S. Suganthan For Respondent : Mr.K.Raja 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 pay the balance amount of Rs.51,489/- with 12% interest from the date of retirement i.e on 30.11.2020 till the date of payment and to pay 12% interest for the delayed payment of Rs.22,49,888/- from the date of retirement i.e on 30.11.2020 till the dte of payment of retirement benefits i.e on 01.12.2022 and 07.12.2022 respectively within a specific period by considering the representation of the petitioner dated 14.10.2024 and pass orders.

3.The case of the petitioner is that the petitioner joined the Respondent/Corporation as conductor and retired as Selection Grade Senior Conductor on 30.11.2020.The grievance of the petitioner is that the terminal benefits was settled belatedly, due to which he is entitled for 2/5

interest for the belated payment. Therefore, the petitioner gave a representation to the respondents on 14.10.2024. 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.

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 3/5

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.

18.12.2024 Index:Yes/No Speaking order/Non-speaking order smn To The Managing Director, Tamil Nadu State Transport Corporation(salem) Ltd., No.12 Ramakrishna Road, Salem 636 007.

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V.BHAVANI SUBBAROYAN,J.

Smn W.P.No.38554 of 2024 18.12.2024 1/4 5/5