V.Venkatesan v. The Managig Director
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 21.02.2023
CORAM:
THE HONOURABLE MR. JUSTICE M.S. RAMESH V. Venkatesan ... Petitioner in WP.No.4398/2023 G. Selvam ... Petitioner in WP.No.4401/2023 S. Balagurunathan ... Petitioner in WP.No.4402/2023 Vs.
1.The Managing Director, Tamil Nadu State Transport Corporation (Villupuram) Ltd., 3/137, Salamedu, Villupuram - 605 602.
2.The General Manager, Tamil Nadu State Transport Corporation (Villupuram) Ltd., Vellore Region, Rangapuram, Vellore - 632 009.
... Respondents in all WPs 3.The Administrator, Tamil Nadu State Transport Corporations Employees' Pension Fund Trust, Thiruvalluvar Illam, Anna Salai, Chennai - 600 002. ... 3rd Respondent in WP.No.4398/2023 1/6
Common Prayer: Writ Petitions filed under Article 226 of the Constitution of India to issue Writ of Mandamus, directing the respondents to pay interest to the petitioners at the rate of 6% per annum for the belated payment of his Surrender Leave Salary, Earned Leave Salary, Gratuity & Commutation and at the rate of 8.1% per annum for the belated payment of their Provident Fund amount within a time limit. For Petitioners : Mr.J. Lakshminarayanan (in all WPs) For R1 & R2 : Mr.R.Venkatesha Perumal (in all WPs) For R3 : Mr.C.S.K. Sathish (in WP.No.4398/2023) COMMON ORDER With the consent of all the parties, these Writ Petitions are taken up for final disposal at the admission stage itself.
2. Aggrieved against the belated settlement of the terminal benefits to the petitioners, they have claimed interest on the belated payment in these Writ Petitions.
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3. In identical issues, this Court has passed various orders, justifying the payment of interest to the aggrieved pensioners and in the order dated 13.12.2019 in W.P.(MD).No.26481 of 2019, the following order came to be passed:- ....
"5.I am not in agreement with the said representation made. There was already a duty cast on the respondent Corporation to pay the terminal benefits on the date of retirement itself and the very fact that the belated disbursement of retirement benefit, had already put the retired employee to serious prejudice, entertaining the present request for disbursement of the interest on the belated payment in installments, could cause further prejudice to the retired employee. 6.In the light of the above observations, there shall be a direction to the respondent /Corporation to pay the penal interest at the rate of 6% per annum on the belated payment of the retirement benefits for the period from the date of the retirement, till the date of actual disbursement, as expeditiously as possible and in any event, not before the expiry of three months from the date of receipt of a copy of this order." 3/6
4. This Court is of the view that the first respondent could be directed to pay the interest on the belated payment, at the rate of 6% per annum, as ordered in the above Writ Petition.
5. In the light of the above findings, there shall be a direction to the first respondent herein, to pay the interest on the belated payment of the terminal benefits to the petitioners at the rate of 6% per annum, commencing from the date of their retirement, till the date of actual disbursement, within a period of eight (8) weeks from the date of receipt of a copy of this order.
6. Accordingly, these Writ Petitions stand ordered. No costs. 21.02.2023 Speaking/Non-speaking Order Internet: Yes/No Index: Yes/No Sni 4/6
To 1.The Managing Director, Tamil Nadu State Transport Corporation (Villupuram) Ltd., 3/137, Salamedu, Villupuram - 605 602.
2.The General Manager, Tamil Nadu State Transport Corporation (Villupuram) Ltd., Vellore Region, Rangapuram, Vellore - 632 009.
3.The Administrator, Tamil Nadu State Transport Corporations Employees' Pension Fund Trust, Thiruvalluvar Illam, Anna Salai, Chennai - 600 002.
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M.S.RAMESH,J.
Sni 21.02.2023 6/6