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Madras High CourtWP/453/2025disposed of

D.Udayakumar v. The Managing Director

2025-01-08Honourable Mrs Justice V.Bhavani Subbaroyan5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 08.01.2025

CORAM:

THE HONOURABLE MRS. JUSTICE V.BHAVANI SUBBAROYAN W.P.No.453 of 2025

1. D. Udayakumar

2. A. Baluchamy

3. V. Duraisamy

4. K.Devarajan

5. P.Ravikumar

6. R.Mariya josph Livingston

7. T. Veeramani

8. G. Dahanasekaran

9. D. Selvaraj 10.S.John Bosco 11.H.Sivakumar

...Petitioners

Vs

1. The Managing Director, Metropolitan Transport Corporation(Chennai Ltd., No.2, Anna Salai, Chennai 600 002.

2. The Administrator, Tamil Nadu State Transport Corporation Employees Pension Fund Trust, No.2, Pallavan Salai, Chennai 600 002 ..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 @ 10% for the belated payment of terminal benefits such as Gratuity, Provident Fund, Leave Salary and commutation of pension 1/5

amount to the petitioners and pass orders.

For Petitioner : Mr.S.T. Varadarajalu For Respondent-1 : Mr.R. Balaji, Standing Counsel For Respondent-2 : Mr.C.S.K.Sathish, 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 @ 10% for the belated payment of terminal benefits such as Gratuity, Provident Fund, Leave Salary and commutation of pension amount to the petitioners and pass orders.

3.The facts of the case are that the petitioners are retired employees of the Respondent/Corporation. The grievance of the petitioners are that the terminal benefits was settled to them belatedly, due to which they are entitled for interest. Hence, the petitioners gave their representation to the respondents in the month of November,2024 . However, no action has been taken by the respondents till date. Hence this petition. 2/5

4.The learned counsel for the petitioners 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 petitioners 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 petitioners 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 eight 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 disbursement. 3/5

7.With the above directions, this Writ Petition stands disposed of. No order as to costs.

08.01.2025 1/2 Index:Yes/No Speaking order/Non-speaking order smn To

1. The Managing Director, Metropolitan Transport Corporation(Chennai Ltd., No.2, Anna Salai, Chennai 600 002.

2. The Administrator, Tamil Nadu State Transport Corporation Employees Pension Fund Trust, No.2, Pallavan Salai, Chennai 600 002 V.BHAVANI SUBBAROYAN,J.

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Smn W.P.No.453 of 2025 08.01.2025 1/2 5/5