K.N.Selvaraj v. The Managing Director
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 28.02.2023
CORAM:
THE HONOURABLE MR. JUSTICE M.S. RAMESH K.N.Selvaraj
...Petitioner
Vs 1.The Managing Director, Tamil Nadu State Transport Corporation (Salem) Ltd., No.05, Ramakrishna Road, Salem - 636 007.
2.The Administrator, Tamil Nadu State Transport Corporation Employees Post Retirement Welfare Fund Scheme, Thiruvalluvar House, Pallavan Salai, Chennai - 600 002.
...Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the respondents to disburse the belated payment of interest of Provident Fund, Gratuity, Earned Leave salary and Social Welfare Fund amounts to be paid and other benefits like VRS Compensation amount, Arrears of Surrender Leave Salary in the year 2009-2011, Arrears of Surrender Leave Salary in the year 20161/5
2019, ERBS Pension and IRT Share Amount, 12(3) Settlement arrears and DA arrears with effect from 01.06.2020.
For Petitioner : Mr.N.Desinghu For R1 : Mr.K.Raja
ORDER
Heard Mr.N.Desinghu, learned counsel for the petitioner and Mr.K.Raja, learned counsel for the first respondent.
2. In view of the order to be passed in this Writ Petition, notice to the second respondent is dispensed with.
3. The petitioner herein had voluntarily retired from service on 31.05.2020. However, his Provident Fund, Gratuity, Earned Leave Salary and Social Welfare Fund came to be settled only on 01.12.2022. It is the case of the petitioner that apart from these terminal benefits, there are certain other dues to be paid, for which he has given representations on 10.04.2022 and 10.02.2023, which are yet to be considered. 2/5
4. This Court, in various decisions, have already taken a view that in all cases of belated payment of the terminal benefits, the concerned employee would be entitled for interest at the rate of 4% per annum. In this background, this Court is of the view that the petitioner would be entitled for interest at the rate of 4% per annum on the belated payment of the terminal benefits and for the remaining claims, the respondents could be directed to consider the petitioner's representation.
5. In the light of the above observations, there shall be a direction to the first respondent herein to pay interest at the rate of 4% per annum on the belated payment of the terminal benefits between 31.05.2020 and 01.12.2022. within a period of four weeks from the date of receipt of a copy of this order. There shall be a further direction to the first respondent to consider the petitioner's representations dated 10.04.2022 and 10.02.2023, seeking for payment of the other benefits, excluding the retirement benefits already paid, on its own merits and pass appropriate orders, within a period of eight weeks from the date of receipt of a copy of this order.
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6. With the above direction, the Writ Petition stands disposed of. No costs.
28.02.2023 Index:Yes/No Speaking order/Non-speaking order hvk To 1.The Managing Director, Tamil Nadu State Transport Corporation (Salem) Ltd., No.05, Ramakrishna Road, Salem - 636 007.
2.The Administrator, Tamil Nadu State Transport Corporation Employees Post Retirement Welfare Fund Scheme, Thiruvalluvar House, Pallavan Salai, Chennai - 600 002.
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M.S.RAMESH,J.
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