A.Elango Cr2989 v. The Managing Director

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 24.04.2024

CORAM:

THE HONOURABLE MR. JUSTICE D.BHARATHA CHAKRAVARTHY A.Elango

...Petitioner

-Vs1.The Managing Director, Tamil Nadu State Transport Corporation (VPM) Limited, Viluppuram Region, No.3/136, Salamedu, Valudhareddy Post, Viluppuram - 605 602.

2.The Administrator, Tamil Nadu 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, praying for the issuance of a direction in the nature of 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 1/4

time and pass such further orders.

For Petitioner :

Mr.S.Vasanth For R1 :

Mr.R.Venkatesa Perumal For R2 :

Mr.C.S.K.Sathish

O R D E R

This writ petition is filed seeking for a Writ of Mandamus directing the respondent to pay interest on the belated payment of retirement benefits for the period of 31.05.2022 to 30.05.2023 in respect of Provident Fund, Gratuity, Earned Leave, Commuted Pension and other retirement benefits.

2. Mr.R.Venkatesa Perumal, learned Counsel takes notice for the 1st respondent and submits that in all the connected matters interest at the rate of 6% per annum has been ordered by this Court.

3. Mr.C.S.K.Sathish, learned Counsel takes notice for the 2nd respondent.

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

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(a) The respondents are directed to pay interest on the belated payment of retirement benefits for the period of 31.05.2022 to 30.05.2023 in respect of Provident Fund, Gratuity, Earned Leave and Commuted Pension 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; (b)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.

There shall be no order as to costs.

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D.BHARATHA CHAKRAVARTHY, J., cda To 1.The Managing Director, Tamil Nadu State Transport Corporation (VPM) Limited, Viluppuram Region, No.3/136, Salamedu, Valudhareddy Post, Viluppuram - 605 602.

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

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