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Madras High CourtWP/14826/2023disposed of

P.Plani - 6273 v. Tamilnadu State Transport Corporation

2023-06-01Honourable Mr Justice M.S. Ramesh4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 01.06.2023

CORAM:

THE HONOURABLE MR. JUSTICE M.S. RAMESH P. Palani ... Petitioner Vs.

1.Tamil Nadu State Transport Corporation (Villupuram) Ltd., Rep. by the Managing Director, 3/137, Salamedu, Valudhareddy Post, Villupuram - 605 602.

2.Tamil Nadu State Transport Corporation (Villupuram) Ltd., Rep. by the General Manager, Vellore Regional Office, Rangapuram, Vellore - 632 009.

3.The Administrator, Tamil Nadu State Transport Corporation Employee's Pension Trust, Pallavan Salai, Chennai - 600 002.

... 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 1/4

interest amounts to the Service Gratuity and commutation of pension amount at the rate of 4% per annum for 12 months of delayed payment in accordance with the order dated 24.03.2021 made in WP.No.506 of 2021. For Petitioner : Mr.N. Ishak For Respondents : Ms.S. Pavithra, Standing Counsel [R1 & R2] Mr.C.S.K. Sathish [R3]

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 31.08.2018 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 10.04.2023, 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 2/4

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.

4. In the light of the above observations, there shall be a direction to the respondents herein, to pay interest at the rate of 4% per annum on the belated payment of the terminal benefits from the date of his superannuation till the date of actual payment i.e. from 31.08.2018 to 19.09.2019, 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 3/4

M.S.RAMESH,J.

Sni To 1.The Managing Director, Tamil Nadu State Transport Corporation (Villupuram) Ltd., 3/137, Salamedu, Valudhareddy Post, Villupuram - 605 602.

2.The General Manager, Tamil Nadu State Transport Corporation (Villupuram) Ltd., Vellore Regional Office, Rangapuram, Vellore - 632 009.

3.The Administrator, Tamil Nadu State Transport Corporation Employee's Pension Trust, Pallavan Salai, Chennai - 600 002.

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