Madras High CourtWP(MD)/26531/2022dismissed

Palraj.K v. The Management Of Tamilnadu

2022-11-24Honourable Mr Justice G.R.Swaminathan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 24.11.2022

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN K.Palraj ... Petitioner Vs.

1.The Management of Tamil Nadu State Transport Corporation (Madurai) Limited, Represented by its Managing Director, Bye-Pass Road, Madurai-10.

2.The General Manager, Tamil Nadu State Transport Corporation (Madurai) Limited, Dindigul Region, Dindigul.

3.The Administrator, Tamil Nadu State Transport Corporation Pension Fund Trust, Thiruvalluvar House, Pallavan Salai, Chennai-2.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, to direct the respondents herein to pay the interest to the petitioner at the rate of 12% per annum for the belated payment of Rs.3,82,202/- towards his retirement benefits namely Provident Fund, Gratuity and Leave Salary from the date of his retirement i.e. on 31.01.2011 till the date of full settlement on 27.01.2012 by considering the petitioner's representation dated 12.09.2022 and within the time frame as fixed by this Honourable Court and for other reliefs. 1/3

For Petitioner : Mr.J.Lawrance For Respondents : Mr.S.C.Herold Singh

ORDER

Heard the learned counsel on either side.

2. The petitioner states that he should be paid interest for the belated payment of his retirement benefits.

3. The petitioner's counsel's contention is fundamentally sound and correct. The petitioner retired from service on 31.01.2011. His retirement benefits should be settled within three months. However, they were settled only on 21.07.2012. There is a delay of 11 months in settling the benefits.

4. Though the petitioner is entitled to interest, I have to deny the same because the petitioner has come to the Court after a gap of ten years. Laches is evident. If I grant relief in the present case, it will definitely open floodgate. I decline to grant relief.

5. The Writ Petition is dismissed. No costs. 24.11.2022 Index : Yes / No Internet : Yes/ No rmi 2/3

G.R.SWAMINATHAN, J.

rmi 24.11.2022 3/3