← Library
Madras High CourtWP/7738/2022disposed of

V.Subramanian v. The Managing Director

2022-04-01Honourable Mr Justice D. Krishnakumar3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 1.4.2022

CORAM:

THE HON'BLE MR. JUSTICE D.KRISHNAKUMAR W.P.No.7738 of 2022 V.Subramanian

...Petitioner

Vs.

1.The Managing Director, Tamil Nadu State Transport Corporation (Salem) Ltd., No.5, 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 praying for issuance of a Writ of Mandamus, directing the respondents to disburse the payments relating to belated payment of interest amount of Provident Fund, Gratuity, Earned Leave Salary, Commutation and other benefits like Social Welfare Scheme amount, ERBS Pension amount, Earned Leave surrender Arrears from the year of 2009 to 2011 and I.R.T. Share Amount and all other retirement benefits along with the entitled difference of dearness allowances also, with interest at 12%i per annum with effect from 1.6.2019 within the stipulated time as may be fixed by this Court.

For Petitioner : Mr.N.Desinghu For Respondent No.1 : Mrs.P.Rajarajeshwari, G.A. For Respondent No.2 : Mr.C.S.K.Sathish

O R D E R

The relief sought for in the writ petition is for a mandamus seeking direction to the respondents to pay the interest at the rate of 12% per annum for the belated payment of Provident Fund, Gratuity, Earned Leave Salary, Commutation and other benefits like Social Welfare Scheme amount, ERBS Pension amount, Earned Leave surrender Arrears from the year of 2009 to 2011 and I.R.T. Share amount and all other retirement benefits to the petitioner, within a specified time.

2. Heard the learned counsel appearing for the petitioner and the learned Standing Counsel appearing for the respondents.

3. The petitioner was worked under the respondent Transport Corporation and retired from service on attaining the age of superannuation on 31.05.2019. The respondents have settled the retirement benefits to the petitioner only on 24.01.2022 after a lapse of nearly 3 years.

4. According to the petitioner, the respondents have settled the retirement benefits belatedly i.e, nearly after 3 years and they have also not paid interest for the belated payment to the petitioner. Hence, the petitioner has made a representation to the concerned Authorities to pay the interest for the belated payment. The petitioner has also relied on the decision of the Hon'ble Division Bench of this Court in W.A.(MD)No.383 to 457 of 2015, dated 12.06.2015 wherein the Hon'ble Division Bench of this Court has fixed the rate of interest at 6% per annum for the belated payment of retirement benefits. On the same line, orders to be passed in the present writ petition.

5. The learned Standing Counsel appearing for respondents fairly accepted the fact that the respondentsCorporation have settled the retirement benefits to the petitioner belatedly and further submitted that the petitioner is entitled for interest only at the rate of 4% per annum for the belated payment.

6. In view of the above submissions and with the consent of both parties, there shall be a direction to the respondents to pay the penal interest at the rate of 4% per annum on the belated payment of 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, within a period of four months from the date of receipt of a copy of this order, subject to the condition that if the petitioner has not already given up his right for claiming interest for the retirement benefits. It is also made clear that in default, the respondent-Corporation shall have to pay the interest amount at the rate of 6% per annum to the petitioner.

7. With the above directions, the writ petition is disposed of. No costs.

Sd/- Assistant Registrar (CS-IV) //True Copy// Sub Assistant Registrar

vaan To 1.The Managing Director, Tamil Nadu State Transport Corporation (Salem) Ltd., No.5, 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.

+1cc to Mr.N.Arun Kumar, Advocate SR. No. 23120 +1cc to Mrs.P.Rajarajeshwari, Advocate SR. No.23271 +1cc to Government Pleader SR. No.23245 W.P.No.7738 of 2022 AJB (CO) PR (12/04/2022)