M.Samsudeen v. The Managing Director

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 06.01.2025

CORAM

THE HONOURABLE MR.JUSTICE MUMMINENI SUDHEER KUMAR M.Samsudeen ... Petitioner Vs.

The Managing Director, Metropolitan Transport Corporation (Chennai) Limited, Pallavan Illam, Mount Road, Pallavan Salai, Chennai- 600 002.

... Respondent Writ Petition filed under Article 226 of the Constitution of India seeking issuance of a Writ of Mandamus directing the respondents to settle the interest for the belated payment of retirement benefits such as Gratuity, Earned Leave, Commutation of Pension, provident fund and other retirement benefits payable to the petitioner with 12% rate of interest within the time frame that may be stipulated by this Court. For Petitioner : Mr.L.Poovendra Perumal For Respondent : Mr.R.Balaji (MTC)

O R D E R

This writ petition has been filed seeking issuance of a writ of mandamus directing the respondents to settle the interest for the belated 1/5

payment of retirement benefits such as Gratuity, Earned Leave, Commutation of Pension, provident fund and other retirement benefits payable to the petitioner with 12% rate of interest within the specified time fixed by this Court.

2. Heard L.Poovendra Perumal, learned counsel for petitioners, Mr.R.Balaji, learned Counsel appearing for respondent.

3. The case of the petitioner is that he was appointed in the respondent Transport Corporation and after completion of more than 35 years of service, the petitioner had retired from service on attaining the age of superannuation.

4. The grievance of the petitioners is that the terminal benefits have been settled with a delay and no interest has been paid for the delay period. In view of the same, the petitioner submitted representations to the respondents on 22.11.2024 to pay interest for the delay period. Since the same was not considered, the present writ petition has been filed.

5. Taking into consideration the facts and circumstances of the 2/5

case and the grievance expressed by the petitioner, there shall be a direction to the respondents to pay the eligible and admissible amount with interest at the rate of 6% p.a. for the belated payment to the petitioner within a period of six (6) 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 interest at the rate of 12% p.a. 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 individual representation to the respondents along with a copy of this order. This Writ Petition is disposed of with the above direction. No costs.

06.01.2025 [2/12] Index: yes/no Speaking Order/Non-Speaking Order vsn To The Managing Director, Metropolitan Transport Corporation (Chennai) Limited, Pallavan Illam, Mount Road, Pallavan Salai, 3/5

Chennai- 600 002.

MUMMINENI SUDHEER KUMAR, J vsn 4/5

06.01.2025 5/5