A.Ravi Staff No.J03554 v. The General Manager

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 01.06.2023

CORAM:

THE HONOURABLE MR. JUSTICE M.S. RAMESH A. Ravi ... Petitioner Vs.

1.The General Manager, Tamil Nadu State Transport Corporation Ltd., Erode Region, Chennimalai Road, Erode - 638 001.

3.The Administrator, Tamil Nadu State Transport Corporation EPF Trust, Thiruvalluvar House, Anna Salai, Chennai - 2.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents to pay interest for the belated payment of Provident Fund, Gratuity, Encashment of Earned Leave and Commuted Value of Pension, at the rate of 12% per annum, within a specified time as may be fixed by this Court. For Petitioner : Mr.N. Senthil Kumar For Respondents : Mr.M. Murali Vinodh [R1] Mr.C.S.K. Sathish Kumar [R2] 1/4

ORDER

With the consent of both the parties, this Writ Petition is taken up for final disposal at the admission stage itself.

2. The petitioner herein had retired from service on 31.12.2018 on reaching the age of superannuation. However, his terminal benefits came to be settled belatedly and the respondents have not paid the interest for the belated payment, for which he has given representation on 04.11.2022, which is yet to be considered.

3. 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. In this background, this Court is of the view that the petitioner would be entitled for interest at the rate of 4% per annum on the belated payment of the terminal benefits and for the remaining claims, the respondents could be directed to consider the petitioner's representation. 2/4

4. In the light of the above observations, there shall be a direction to the first respondent herein, to pay interest at the rate of 4% per annum on the belated payment of the terminal benefits from the date of superannuation till the date of actual payment, within a period of four (4) weeks from the date of receipt of a copy of this order.

5. With the above direction, the Writ Petition stands disposed of. No costs.

01.06.2023 Speaking/Non-speaking Order Internet: Yes/No Index: Yes/No Sni To 1.The General Manager, Tamil Nadu State Transport Corporation Ltd., Erode Region, Chennimalai Road, Erode - 638 001.

3.The Administrator, Tamil Nadu State Transport Corporation EPF Trust, Thiruvalluvar House, Anna Salai, Chennai - 2.

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M.S.RAMESH,J.

Sni 1.06.2023 4/4