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Madras High CourtWP/11035/2024disposed of

P.Tamilarasi Am0834 v. The Managing Director

2024-04-23Honourable Mr Justice D.Bharatha Chakravarthy5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 23.04.2024 CORAM :

THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY P.Tamilarasi .. Petitioner

Versus

1. The Managing Director, Tamilnadu State Transport Corporation [VPM] Ltd., Viluppuram Region, No.3/136, Salamedu, Valudhareddy Post, Viluppuram - 605 602.

2. The Administrator, Tamilnadu State Transport Corporation, Employees Post Retirement Welfare Fund Trust, Tiruvalluvar House, Pallavan Salai, Chennai - 600 002.

.. Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, pleased to issue a Writ of Mandamus directing the respondents to pay the interest to the petitioner at the rate of 8% per annum for the belated payment of retirement benefits for the period of 31.05.2022 to 30.05.2023 i.e., 365 days on Provident Fund, Gratuity, Earned Leave, Commuted Pension, and other retirement benefits, within a specified time. 1/5

For Petitioner : Mrs.S.Vasanthi For Respondents : Mr.R.Venkatesa Perumal, Standing Counsel, for R1 : Mr.C.S.K.Sathish, for R2

ORDER

This Writ Petition is filed seeking for a Writ of Mandamus for a direction to the respondents to pay the interest to the petitioner at the rate of 8% per annum for the belated payment of retirement benefits for the period from 31.05.2022 to 30.05.2023 i.e., 365 days on Provident Fund, Gratuity, Earned Leave, Commuted Pension and other retirement benefits within a specified time.

2. Mr.R.Venkatesa Perumal, learned Standing Counsel takes notice for the first respondent and Mr.C.S.K.Sathish, learned Counsel for the second respondent. He would submit that the eligible amount will be paid to the petitioner within a reasonable time as may be fixed by this Court. 2/5

3. Learned Counsel for the petitioner submits that, in these cases, this Court has consistently allowed the payment with interest at the rate of 6% per annum.

4. In that view of the matter, this Writ Petition is disposed of on the following terms:

(i) The respondents are directed to pay interest on the belated payment of Provident Fund, Gratuity, Earned Leave, Commuted Pension and other retirement benefits at the rate of 6 % per annum, from the date on which the amount became due, till the date of disbursement, within a period of twelve (12) weeks from the date of receipt of a copy of this order; (ii) If the amount is not paid within a period of twelve (12) weeks, thereafter, the interest shall be calculated at the rate of 12% per annum from the date on which the amount became due till the date of disbursement. (iii) There shall be no order as to costs.

23.04.2024 Index : yes Speaking order : no grs 3/5

To

1. The Managing Director, Tamilnadu State Transport Corporation [VPM] Ltd., Viluppuram Region, No.3/136, Salamedu, Valudhareddy Post, Viluppuram - 605 602.

2. The Administrator, Tamilnadu State Transport Corporation, Employees Post Retirement Welfare Fund Trust, Tiruvalluvar House, Pallavan Salai, Chennai - 600 002.

4/5

D.BHARATHA CHAKRAVARTHY, J.

grs 23.04.2024 5/5