1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:02.11.2009 CORAM: THE HONOURABLE MR.JUSTICE D.MURUGESAN and THE HONOURABLE MR.JUSTICE S.NAGAMUTHU Writ Appeal (MD)Nos.389 of 2009 and M.P.(MD)No.2 of 2009 1.The Managing Director, Tamil Nadu State Transport Corporation, (Madurai) Limited, Bye-pass Road, Madurai-10. 2.The General Manager, Tamil Nadu State Transport Corporation, Madurai Ltd., Virudhunagar Region. ...Appellants/Respondents vs. A.Balakrishnan ... Respondent/Petitioner Writ Appeal under Clause 15 of Letters Patent against the order of the learned Single Judge, dated 05.03.2009, made in W.P. (MD)No.9154 of 2008. Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of Mandamus directing the respondents to pay the petitioner the interest at the rate of 18% per annum for the delayed payment of commutation value of pension and leave salary from the date of retirement to actual payment made i.e. from February 2006 to June 2007 and to pay the difference amount of graduity. Leave salary and commutation value of pension consequently upon the wage revision as ordered in the G.O.MS.No.75 dated 19.09.2006, which was given effect to retrospectively with effect from 01.01.2004. For Appellants ... Mr.S.Royce Emmanuel For Respondent ... Mr.S.Govindan JUDGMENT (Judgment of the Court was delivered by S.NAGAMUTHU,J) The respondent herein filed W.P.(MD)No.9154 of 2008 before this Court seeking a direction to the appellants herein to pay interest at the rate of 18% per annum for the delayed payment of commutation value of pension and leave salary from the date of retirement till the date of actual payment, i.e. from February, 2006 to June, 2007 and also to pay differential amount in the matter of gratuity, leave salary and commutation of pension, based on the wage revision as ordered in G.O.Ms.No.75, dated 19.09.2006. 2.By order dated 05.03.2009, a learned Single Judge of this Court directed the appellants herein to pay 9% interest per https://hcservices.ecourts.gov.in/hcservices/ 2 annum for the delayed payment of commutation value of the pension and the leave salary. In respect of the second prayer, the learned Single Judge gave liberty to the respondent herein to make a fresh representation, with a further direction to the appellants herein to consider the same. Challenging the said order, the appellants have come forward with this writ appeal. 3.The only contention raised in the appeal is that without having regard to the extreme financial constraints of the appellants Transport Corporation, the learned Single Judge has directed the appellants to pay interest at the rate of 9%. In our considered opinion, the said ground of attack cannot be countenanced at all. Paying gratuity and leave salary within a reasonable time, is expected of from any management like the appellants herein. Since the management failed to discharge its duty in time, the learned Judge thought it fit rightly to order for payment of interest. Learned counsel for the appellants would submit that in some such similar cases interest has been ordered to be paid only at the rate of 6% per annum, wherein, in the case on hand alone, the learned Judge has directed the appellants to pay 9% interest. In our considered opinion, the said argument also cannot be accepted, because there cannot any hard and fast rule in respect of the percentage of interest to be ordered by the Courts. It all depends on the facts and circumstances of each case. Having regard to the facts and circumstances of the present case, the learned Judge has directed payment of interest at the rate of 9%, which, in our considered opinion, is very reasonable and the same, therefore, does not require any interference at the hands of this Court. 4.In respect of the 2nd relief granted by the learned Single Judge, no challenge had been made in this writ appeal. 5.In view of the above, the writ appeal fails and the same is accordingly dismissed. No order as to costs. Connected M.P.(MD)No. 2 of 2009 is also dismissed. Sd/- Assistant Registrar(Writs) /True Copy/ Sub Assistant Registrar To: 1.The Managing Director, Tamil Nadu State Transport Corporation, (Madurai) Limited, Bye-pass Road, Madurai-10. 2.The General Manager, Tamil Nadu State Transport Corporation, Madurai Ltd., Virudhunagar Region. +1cc to Mr.S.Govindan, Advocate, Sr.No.34075 Judgment in W.A.(MD)No.389 of 2009 & M.P.(MD)No.2/2009 Dated:02.11.2009 SMA/10.11.09/4C/2P https://hcservices.ecourts.gov.in/hcservices/