R.Srikanth v. Tamil Nadu State Transport Corporation (Villupuram) Ltd.,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 23.07.2021
CORAM:
THE HONOURABLE MR.JUSTICE S.S.SUNDAR WP.No.13450/2021 [Video Conferencing] R.Srikanth .. Petitioner Vs 1.Tamil Nadu State Transport Corporation [Villupuram] Ltd., 3/137, Salamedu Valudha Reddy Post, Villupuram-605 602.
2.Tamil Nadu State Transport Corporation [Villupuram] Ltd., Kancheepuram Regional office Karapettai, Chennai-Bengaluru Highway Kancheepuram 631 552.
3.The Administrator Tamil Nadu State Transport Corporation Employees Pension Trust, Pallavan Salai Thiruvalluvar House, Chennai 600 002.
.. Respondents Prayer:-Writ Petition filed under Article 226 of the Constitution of India to issue a writ of mandamus directing the respondents to settle all the retiral benefits including Provident Fund, Service Gratuity, Leave Salary, Commutation of Pension and other attendant benefit payable to the petitioner consequent to his retirement on 17.02.2021 with 12% interest per annum from the date of retirement within the time limit that may be prescribed by this Court.
For Petitioner :
Mr.N.Ishak For R1 to R3 :
Mr.C.S.K.Sathish Standing counsel
ORDER
1.
By consent, the writ petition is taken up for final disposal and disposed of by this order.
2.
Mr.C.S.K.Sathish, learned Standing counsel appears on behalf of the respondents.
3.
The present writ petition is filed seeking mandamus to direct the respondents to settle all the retiral benefits including Provident Fund, Service Gratuity, Leave Salary, Commutation of Pension and other attendant benefit payable to the petitioner consequent to his retirement on 17.02.2021 with 12% interest per annum from the date of retirement within a stipulated time frame.
4.
This Court, vide order dated 29.06.2021, directed the respondents to settle the Provident Fund amount due and payable to the petitioner in the following lines:- ''3.Considering the fact that the respondent Corporation is also not in healthy condition, and the petitioner may get the amount in instalments as it has been directed in several judgements of this Court, this Court is inclined to give interim direction to the respondent Corporation to settle at least the Provident Fund amount payable to the petitioner, within a period of four weeks from the date of receipt of a copy of this order. The matter be posted 'For Orders' on or before 23.07.2021.''
5.
Learned Standing counsel appearing for the respondents/Corporation submitted that the above direction of this Court has been duly complied with and the order to disburse the Provident Fund amount is being passed in terms of the above direction. As regards the payment towards the other heads, viz., Service Gratuity, Leave Salary, Commutation of Pension and other attendant benefit, the learned Standing counsel states that the respondents/Corporation may be directed to settle the dues in 12 equal monthly instalments with interest @ 4% per annum.
6.
This Court is of the view that a direction to pay the interest arises only when this Court directs the respondents to pay interest component on the belated payment. If the respondents have not disbursed the retirement benefits due to the employee/petitioner, interest at the rate of 6% per annum will be appropriate. 7.
Hence, this Court issues the following direction:- ''The entire dues of the retirement benefits except payment towards the Provident Fund, which has been settled vide the earlier order of this Court dated 29.06.2021, viz., Service Gratuity, Leave Salary, Commutation of Pension and other attendant benefits, due and payable to the petitioner, shall be disbursed in twelve equal
monthly instalments with interest @ 6% per annum commencing from 01.09.2021. If there is any dispute with regard to the quantum that is payable to the petitioner, the petitioner is at liberty to work out his remedy in the manner known to law.''
8.
The writ petition stands disposed of accordingly. No costs. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar AP To 1.Tamil Nadu State Transport Corporation [Villupuram] Ltd., 3/137, Salamedu Valudha Reddy Post, Villupuram-605 602.
2.Tamil Nadu State Transport Corporation [Villupuram] Ltd., Kancheepuram Regional office Karapettai, Chennai-Bengaluru Highway Kancheepuram 631 552.
3.The Administrator Tamil Nadu State Transport Corporation Employees Pension Trust, Pallavan Salai Thiruvalluvar House, Chennai 600 002.
+1cc to Mr.N.Ishak, Advocate SR No.35268 +1cc to Mr.C.S.K.Sathish, Advocate SR No.35285 WP.No.13450/2021 GJ (CO) PR (18/08/2021)