M.Mani Staff No.18765 v. The Managing Director
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 03.02.2023
CORAM
THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH 1.M.Mani S/o.S.K.Marappan 2.S.Vajravelu S/o.Shanmugasundaram 3.K.Subramanian S/o.Karuppanna Gounder 4.P.Vijayakumar S/o.Ponnusamy Gounder 5.P.Marimuthu S/o.Palanisamy 6.T.Vadivelu S/o.Thangamuthu
...Petitioners
Vs 1.The Managing Director, 37, Mettupalayam Road, Coimabtore - 43.
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2.The General Manager, Erode Region, Chennimalai Road, Erode - 638 001.
3.The Administrator, Tamil Nadu State Transport Corporation EPF Trust, Thiruvalluvar House, Anna Salai, Chennai - 2.
... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India, to issue a writ of Mandamus directing the respondents to pay interest for the belated payment of Provident Fund, Gratuity, Encashment of Earned Leave and Commuted Value of Pension at the rate of 12% per annum, within a specified time as may be fixed by this Court. For Petitioners : Mr.N.Palani Kumar For Respondents : Mr.M.Muralivinodh 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 petitioners.
2. The case of the petitioners is that the petitioners were appointed in the respondent Corporation on 12.11.1986, 28.05.1986, 10.06.1987, 2/6
10.06.1987, 23.10.1992 and 23.08.1994 respectively. The petitioners 1 and 2 attained superannuation and retired from service on 31.05.2019 and 30.06.2019 respectively. The petitioners 3, 4, 5 and 6 retired from service on Voluntary Retirement Scheme on 30.09.2020, 23.05.2020, 31.03.2021 and 31.05.2020.
3. The grievance of the petitioners is that they were settled with the retirement benefits with a delay of more than 20 months. In view of the same, the petitioners made representations to the respondents seeking for payment of interest for the delayed payment of retiral benefits. Since the same were not considered, the present writ petition has been filed seeking for appropriate directions.
4. Heard Mr.N.Palani Kumar, learned counsel for petitioner and Mr.M.Muralivinodh, 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 3/6
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 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 petitioners are directed to make fresh representations to the respondents along with all relevant documents and also a copy of this order. In the result, this writ petition is allowed with the above direction. No costs.
03.02.2023 (2/2) Index : Yes/No Speaking order:Yes/No gm 4/6
To 1.The Managing Director, 37, Mettupalayam Road, Coimabtore - 43.
2.The General Manager, Erode Region, Chennimalai Road, Erode - 638 001.
3.The Administrator, Tamil Nadu State Transport Corporation EPF Trust, Thiruvalluvar House, Anna Salai, Chennai - 2.
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N.ANAND VENKATESH, J gm Writ Petition No. 2730 of 2023 03.02.2023 (2/2) 6/6