S.Ethiraj v. Tamil Nadu State Transport Corporation(Villupuram) Ltd.,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 03.02.2023
CORAM
THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH S.Ethiraj S/o.Subramani
...Petitioner
Vs 1.Tamil Nadu State Transport Corporation (Villupuram) Ltd., represented by the Managing Director, 3/317, Salamedu, Valudhareddy Post, Villupuram - 605 602.
2.Tamil Nadu State Transport Corporation (Villupuram) Ltd., represented by the General Manager, Kancheepuram Regional Office, Karapettai, Chennai - Bangalore Highway, Kancheepuram - 631 552.
3.The Administrator, Tamil Nadu State Transport Corporation Employees Pension Fund Trust, Thiruvalluvar House, Pallavan Salai, Chennai - 600 002.
... Respondents 1/6
PRAYER : Writ Petition filed under Article 226 of the Constitution of India, to issue a writ of Mandamus directing the respondents to pay interest amount to the belatedly paid retiral benefits viz., the Provident Fund Service Gratuity, Commutation of Pension amount and Leave Salary at the rate of 4% per annum for 23 months of delayed payment in accordance with the order dated 24.03.2021 made in W.P.No.506 of 2021. For Petitioner : Mr.N.Ishak For Respondents : Mr.C.S.K.Sathish Standing Counsel *****
O R D E R
This writ petition has been filed for issuance of a writ of mandamus directing the respondents to pay interest for the belated payment of retiral benefits to the petitioner.
2. The case of the petitioner is that he was appointed as an Assistant Engineer in the respondent Corporation in the year 1990. The petitioner submitted his voluntary retirement in the year 2020. 2/6
3. The grievance of the petitioner is that he was settled with the retirement benefits with a delay of 23 months. In view of the same, the petitioner made representation to the respondents seeking for payment of interest for the delayed payment of retiral benefits. Since the same was not considered, the present writ petition has been filed seeking for appropriate directions.
4. Heard Mr.N.Ishak, learned counsel for petitioner and Mr.C.S.K.Sathish, learned Standing Counsel, appearing for respondents.
5. The issue that is involved in the present case is covered by the earlier order passed by this Court and the said order has been consistently followed in all cases. This Court is consistently passing orders by granting interest at the rate of 4% wherever there is a delay in settlement of the retiral benefits. The same yardstick can be applied to the facts of the present case also.
6. In view of the above, there shall be a direction to the respondents to pay interest at the rate of 4% per annum for the delay in settling the retiral 3/6
benefits from the date when it became due till the date on which it is actually paid. This process shall be completed by the respondents within a period of eight (8) weeks from the date of receipt of a copy of this order. The petitioner is directed to make fresh representation to the respondents along with all relevant documents and also a copy of this order. With the above direction, this Writ Petition is disposed of. No costs. 03.02.2023 Index : Yes/No Speaking order:Yes/No gm 4/6
To 1.The Managing Director, Tamil Nadu State Transport Corporation (Villupuram) Ltd., 3/317, Salamedu, Valudhareddy Post, Villupuram - 605 602.
2.The General Manager, Tamil Nadu State Transport Corporation (Villupuram) Ltd., Kancheepuram Regional Office, Karapettai, Chennai - Bangalore Highway, Kancheepuram - 631 552.
3.The Administrator, Tamil Nadu State Transport Corporation Employees Pension Fund Trust, Thiruvalluvar House, Pallavan Salai, Chennai - 600 002.
5/6
N.ANAND VENKATESH, J gm Writ Petition No. 2716 of 2023 03.02.2023 6/6