S.Srimathi v. The General Manager

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 19.09.2023

CORAM

THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR 1.Srimathi 2.S.Sridhar ... Petitioners

Versus

The General Manager, Tamil Nadu State Transport Corporation (VPM) Ltd., Kancheepuram Region, Ponnerikarai, Kancheepuram, Kancheepuram District.

... Respondent PRAYER: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondent to revise the terminal benefits as per revised rate of D.A at 65% pay difference amount and also pay interest at 4% for belated payment of gratuity already paid within a time frame.

For Petitioners :

Mr.N.Sundaramurthy For Respondent :

Mr.T.Chandrasekar, Standing Counsel

ORDER

This Writ Petition has been filed to direct the respondent to revise the terminal benefits as per revised rate of D.A at 65% pay difference amount and also pay interest at 4% for belated payment of gratuity already paid within a time frame.

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2.The contention of the petitioners is that the petitiones are wife and son of late C.Subramanian, who was retired from the respondent Corporation on 31.03.2012 after serving 34 years. The retirement benefits of the 1st petitioner's husband were belatedly settled only on 30.12.2013. Thereafter, there was raise in Dearness Allowance by 7% from January 2012 to March 2012. In this regard, a representation was made to the respondent on 20.02.2014 for revising terminal benefits at the revised rate of dearness allowance at 65% for payment of difference amount and interest for belated payment of terminal benefits, however no order has been passed. Therefore, the husband of the petitioner filed a Writ Petition before this Court in W.P.No.10383 of 2014 for necessary relief and this Court, by order, dated 11.12.

2020 directed the respondent herein to consider the representation of the petitioner, thereafter too, no order has been passed. Now, the petitioners approached this Court again seeking direction to the respondent for revision of terminal benefits. 3.Heard Mr.N.Sundaramurthy, learned counsel for the petitioner and Mr.T.Chandrasekar, learned Standing Counsel for the respondent. Page No.

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. Hence, this Court is of the view that the petitioner is entitled for interest at the rate of 4% per annum on the belated payment of the terminal benefits. 5.Accordingly, the respondent is directed to pay interest at the rate of 4% per annum on the belated payment of the retirement benefits to the petitioner, from the date of his retirement till the date of actual disbursement within a period of eight weeks from the date of receipt of a copy of this Order.

6.With the above direction, this Writ Petition is disposed of. No costs.

19.09.2023 (1⁄2) Index : Yes/No Internet: Yes/No Speaking Order/Non-Speaking Order vv2 Page No.3 of 4

N.SATHISH KUMAR , J.

vv2 To The General Manager, Tamil Nadu State Transport Corporation (VPM) Ltd., Kancheepuram Region, Ponnerikarai, Kancheepuram, Kancheepuram District.

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