R.Selvavinayagam Cr3038 v. The Managing Director

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.04.2024

CORAM

THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY R.Selvavinayagam ... Petitioner Vs.

1.The Managing Director, Tamil Nadu State Transport Corporation (VPM) Limited, Villupuram Region, No.3/136, Salamedu, Valudhareddy Post, Villupuram - 605 602.

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

... Respondents Prayer: Writ Petition filed under Article 226 of Constitution of India, for issuance of 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 31.07.2022 to 30.05.2023 i.e., 304 days on Provident Fund, Gratuity, Earned Leave, Commuted Pension and other retirement benefits, within a specified time. Page No. 1 of 5

For Petitioner : M/s.S.Vasanthi For Respondents : Mr.R.Venkatesa Perumal for R1 Mr.C.S.K.Sathish for R2

ORDER

This Writ Petition is filed seeking for a Writ of Mandamus directing the respondent to pay interest to the petitioner at the rate of 8% per annum for the belated payment of retirement benefits for the period of 31.07.2022 to 30.05.2023 i.e., 304 days on Provident Fund, Gratuity, Earned Leave, Commuted Pension and other retirement benefits, within a specified time.

2. Mr.R.Venkatesa Perumal, learned Counsel takes notice for the first respondent respondent and Mr.C.S.K.Sathish, learned counsel takes notice 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.

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

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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 retirement benefits for the period of 31.07.2022 to 30.05.2023 i.e., 304 days on 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.

22.04.2024 Index : Yes Speaking Order:Yes jas Page No. 3 of 5

To 1.The Managing Director, Tamil Nadu State Transport Corporation (VPM) Limited, Villupuram Region, No.3/136, Salamedu, Valudhareddy Post, Villupuram - 605 602.

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

Page No. 4 of 5

D.BHARATHA CHAKRAVARTHY, J.

jas 22.04.2024 Page No. 5 of 5