K.Thangavelu v. Tamil Nadu State Transport Corporation
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 08.06.2022
CORAM:
THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR W.P.NOS.14262, 14263, 14266 OF 2022 K.Thangavelu ... Petitioner in W.P.No.14262 of 2022 K.Kanniappan ... Petitioner in W.P.No.14263 of 2022 P.Raju ... Petitioner in W.P.No.14266 of 2022 .Vs.
The Tamil Nadu State Transport Corporation (Coimbatore) Limited, Rep. by its Managing Director, No.37, Mettupalayam Salai, Coimbatore - 641 043.
... Respondent in all writ petitions COMMON PRAYER:- These Writ petitions are filed under Article 226 of the Constitution of India seeking to issue a Writ of Mandamus, directing the respondent to pay the petitioner interest at the rate of 15% per annum for the belated payment of his P.F., Gratuity and Earned Leave Salary, within a specified time as may be fixed by this court.
In all writ petitions For Petitioner :
Mr.R.Krishnaswamy For Respondent :
Mr.A.Sundaravadhanan Standing Counsel COMMON ORDER By consent of counsels to both the parties, the writ petitions are disposed of today at the admission stage itself.
2. The facts and circumstances of the case and the issues involved in the writ petitions are and one and the same. Hence, this court passes the common order.
3. The relief sought for in the writ petitions are for a Mandamus seeking direction to the respondent to pay the petitioners interest for the belated payment of terminal benefits namely, P.F., Gratuity and encashment of earned Leave/sick Leave, at the rate of 15% per annum, within a specified time as may be fixed by this court.
4. The case of the petitioner in brief.
The petitioners were working as Conductor/Driver in the respondent's Corporation and they retired from service in the year 2018 and 2019. However, the respondent Corporation had settled the retirement benefits belatedly, without any interest. Hence, they made their individual representations on different dates to the respondent to pay interest for the belated payment of retirement benefits. However, it was not considered. Hence this writ petition.
5. The learned counsel appearing for the petitioner submitted that, the respondent Corporation have settled the retirement benefits to the petitioners, without any interest and despite request made by them, the respondent did not pay interest for the belated payment of retirement benefits. Hence, the respondent may be directed to pay the interest amount.
6. The learned Standing Counsel appearing for the respondent fairly accepted the fact that the respondent Corporation have settled the retirement benefits to the petitioners belatedly. He also submitted that as per the earlier orders passed by this Court, the petitioners are entitled for interest only at the rate of 4% per annum for the belated payment.
7. In view of the above submissions and with the consent of both parties, there shall be a direction to the respondent to pay penal interest at the rate of 4% per annum for the belated payment of retirement benefits to the petitioners, within a period of four months from the date of receipt of a copy of this order, subject to the condition that if the petitioners have not already given up their right for claiming interest for the retirement benefits. It is also made clear that in default, the
respondent-Corporation shall have to pay the interest amount at the rate of 6% per annum to the petitioners.
8. With the above directions, the writ petitions in W.P.14262, 14263 and 14266 of 2022 stands disposed of. No costs. Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar mst To The Managing Director, The Tamil Nadu State Transport Corporation (Coimbatore) Limited, No.37, Mettupalayam Salai, Coimbatore - 641 043.
+2ccs to Mr.A.Sundaravadhanan, Advocate, S.R.Nos.33189 & 33199 +3ccs to Mr.V.Ajoy Khose, Advocate, S.R.Nos.32928, 32929 & 32931 W.P.NOS.14262, 14263, 14266 OF 2022 RGN(CO) PBS/29/06/2022