Madras High CourtWP/14754/2024disposed of

M.Settu, Staff No. 40444 v. The Managing Director

2024-06-07Honourable Mr Justice D.Bharatha Chakravarthy5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 07.06.2024 CORAM :

THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY M.Settu ..

Petitioner Vs.

1. The Managing Director Tamil Nadu State Transport Corporation [VPM] Ltd. Vellore Region, No.3/137, Salamedu Valudhureddy Post, Viluppuram - 605 602.

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

Respondents Prayer: Petition filed under Article 226 of the Constitution of India praying for a 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 31.01.2020 to 19.06.2021 i.e., 506 days on provident fund, gratuity, earned leave, commuted pension and other retirement benefits. For the Petitioner :

Ms.R.Yash Rathi For the Respondents :

Mr.R.Venkatesaperumal for R1 Mr.C.S.K.Sathish for R2

ORDER

This Writ Petition is filed seeking for a 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 31.01.2020 to 19.06.2021 i.e., 506 days on provident fund, gratuity, earned leave, commuted pension and other retirement benefits.

2. Mr.R.Venkatesaperumal, learned counsel takes notice for the respondent 1 and Mr.C.S.K.Sathish, learned counsel takes notice for respondent 2. It is submitted that the eligible amount will be paid to the petitioner within a reasonable time as may be fixed by this Court.

3. Learned Counsel for the petitioner submits that, in these cases, this Court has consistently allowed the payment with interest at the rate of 6% per annum.

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

(i) The respondent is directed to pay interest on the belated payment of P.F, Earned Leave Salary, Commuted Pension and Gratuity 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;

(ii) 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.

(iii) There shall be no order as to costs.

07.06.2024 Index : Yes/No drm

To:

1. The Managing Director Tamil Nadu State Transport Corporation [VPM] Ltd. Vellore Region, No.3/137, Salamedu Valudhureddy Post, Viluppuram - 605 602.

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

D.BHARATHA CHAKRAVARTHY,J.

(drm) 07.06.2024