N.Chandrasekaran v. The Managing Director

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 20.01.2023

CORAM

THE HONOURABLE MRS.JUSTICE S.SRIMATHY N.Chandrasekaran ... Petitioner Vs.

1.The Managing Director, Tamil Nadu State Transport Corporation Kumbakonam.

2.The General Manager, Tamil Nadu State Transport Corporation Pudukkottai Region, Pudukkottai.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondents to pay the petitioner Rs.4,56,289/- towards difference in interest payable to him for the belated payment of his terminal benefits namely PF, Gratuity and Terminal Leave Salary.

For Petitioner : Mr.A.Rahul 1/5

For Respondents : Mr.D.Sivaraman

ORDER

This petition has been filed for a Mandamus, directing the respondents to pay Rs.4,56,289/- (Rupees Four Lakh Fifty Six Thousand Two Hundred and Eighty Nine only) towards difference in interest payable to the petitioner for the belated payment of his terminal benefits namely PF, Gratuity and Leave Salary.

2. The petitioner has filed W.P.(MD)No.19575 of 2018. This Court vide order, dated 11.09.2018 directed the respondents to pay the amount in twelve equal installments, which is payable from November 2018 onwards. The respondents have paid the amount belatedly from January 2019 onwards and have paid the entire installments. As far as the payment for the month of November, December and January, the respondents have paid the entire three months in one lumpsum in the month of January 2019 itself, which is the first installment payable. For the other installments from February onwards, without any delay, the respondents have paid it as per the order of this Court. The petitioner is claiming interest for the belated payment. However, the petitioner 2/5

is claiming interest for the entire twelve months and has calculated the interest as Rs.4,56,289/- (Rupees Four Lakh Fifty Six Thousand Two Hundred and Eighty Nine only). Even if the petitioner is claiming interest for belated payment, it is applicable only for the two months, it is not for the entire twelve months. Since the petitioner is very greedy, this Court is not inclined to grant the penal interest for the belated payment for two months also.

3. In view of the above, this Writ Petition stands dismissed. No costs. 20.01.2023 NCC : Yes / No Index : Yes / No Internet : Yes/ No gbg To 1.The Managing Director, Tamil Nadu State Transport Corporation Kumbakonam.

2.The General Manager, Tamil Nadu State Transport Corporation 3/5

Pudukkottai Region, Pudukkottai.

S.SRIMATHY, J.

gbg 4/5

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