R. Venkatakumar v. The Managing Director
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 10.02.2023
CORAM
THE HONOURABLE MR. JUSTICE N.ANAND VENKATESH R.Venkatakumar ... Petitioner Vs.
1.
The Managing Director Tamil Nadu State Transport Corporation (Salem) Limited No.5 Ramakrishna Road Salem 636 007.
2.
The General Manager Tamil Nadu State Transport Corporation (Salem) Limited Dharmapuri Region Bharathipuram Dharmapuri District.
3.
The Administrator Tamil Nadu State Transport Corporation Employees Post Retirement Welfare Fund Scheme Thiruvalluvar House Pallavan Salai Chennai 600 002. ... Respondents Page No.1 of 6
Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the respondents to disburse the belated payment of interest amount in Provident Fund, Gratuity, Earned Leave Salay and Commutation and other benefits likes, Eared Leave Surrender Arrears VRS Compensation Amount, ERBS Pension and IRT Share Amount and all other retirement Benefits with interest as 12% per annum with effect from 21.09.2020, within the stipulated time as may be fixed by this Court.
For Petitioner : Mr.N.Desinghu For Respondent : Mr.K.Raja Standing Counsel for R1, R2 Mr.C.S.K.Sathish Standing Counsel for R3
O R D E R
This writ petition has been filed for the issue of a writ of mandamus directing the respondents to pay interest on the belated payment of the terminal benefits and also to settle the earned leave surrender arrears, VRS Page No.2 of 6
compensation amount, ERBS Pension and IRT share amount with interest from 21.09.2020.
2.The case of the petitioner is that he joined as a Junior Assistant on 25.04.1989. The petitioner retired from service on 20.09.2020. According to the petitioner, only certain terminal benefits were settled with a delay. That apart, other terminal benefits like earned leave, surrender arrears, VRS compensation amount, ERBS pension etc., was not even settled to the petitioner.
3.In view of the above, the petitioner made a representation to the respondents on 16.12.2022, seeking for the payment of the benefits along with interest. Since the same was not considered, the present writ petition has been filed before this Court seeking for appropriate directions. 4.Heard Mr.N.Desinghu, learned counsel for the petitioner, Mr.K.Raja, learned Standing Counsel for R1, R2 and Mr.C.S.K.Sathish, learned Standing Counsel for R3.
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5.In the considered view of this Court, wherever there is a delay of settlement of the terminal benefits, this Court has been consistently awarding interest at the rate of 4% p.a. Hence, the same yardstick can be applied to the case of the petitioner also.
6.In the light of the above, there shall be a direction to the respondent Corporation to pay interest at the rate of 4% p.a., on the belated settlement of the terminal benefits viz., PF, gratuity, earned leave salary and commutation of pension. There shall be a further direction to the respondent Corporation to pay the earned leave surrender arrears, VRS compensation and IRT share amount to the petitioner with interest at the rate of 4% p.a., from the date on which it became payable till the date on which it is actually settled to the petitioner. This process shall be completed by the 1st and 2nd respondents within a period of twelve weeks from the date of receipt of copy of the order. Page No.4 of 6
7.This writ petition is disposed of with the above directions. No costs. 10.02.2023 2/4 kp Internet : Yes/No Index : Yes/No Speaking Order :Yes/No Neutral Judgment :Yes/No To 1.
The Managing Director Tamil Nadu State Transport Corporation (Salem) Limited No.5 Ramakrishna Road Salem 636 007.
2.
The General Manager Tamil Nadu State Transport Corporation (Salem) Limited Dharmapuri Region Bharathipuram Dharmapuri District.
3.
The Administrator Tamil Nadu State Transport Corporation Employees Post Retirement Welfare Fund Scheme Thiruvalluvar House Pallavan Salai Chennai 600 002.
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N.ANAND VENKATESH,. J.
kp 10.02.2023 2/4 Page No.6 of 6