G.Ravi v. The General Manager

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 06.06.2023

CORAM:

THE HONOURABLE MR. JUSTICE M.S. RAMESH 1.G.Ravi 2.S.Kanniappan 3.A.Adbul Khadar

...Petitioners

Vs 1.The General Manager, Tamil Nadu State Transport Corporation [Villupuram] Ltd., Vellore Region, Rangapuram, Vellore - 632 009.

2.The Administrator, Tamil Nadu State Transport Corporation Employees Pension Fund Trust, No.2 Pallavan Salai, 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 pay interest @ 10% for the belated payment of terminal benefits such as Provident Fund, Gratuity, Leave Salary, Gratuity and Commutation amount to the petitioners.

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For Petitioners : Mr.S.T.Varadarajalu For R1 : Mr.R.Venkatesa Perumal Standing Counsel For R2 : Mr.C.S.K.Sathish

ORDER

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

2. The petitioners herein, who were serving as Senior Checking Inspector, Conductor and Traffic Inspector under the respondent Corporation, had retired from service on 31.05.2017, 30.06.2019 and 30.06.2017 respectively on reaching the age of superannuation. However, their retirement benefits came to be settled belatedly. The petitioners had given representations on 02.03.2023, 10.03.2023 and 15.03.2023 respectively, seeking for interest on the belated payment of the retirement benefits, which are 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 petitioners 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 first respondent herein to pay interest at the rate of 4% per annum on the belated payment of the terminal benefits to the petitioners, from the date of their retirement till the date of actual disbursement, within a period of four 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.

06.06.2023 Index:Yes/No Speaking order/Non-speaking order hvk 3/4

M.S.RAMESH,J.

hvk To 1.The General Manager, Tamil Nadu State Transport Corporation [Villupuram] Ltd., Vellore Region, Rangapuram, Vellore - 632 009.

2.The Administrator, Tamil Nadu State Transport Corporation Employees Pension Fund Trust, No.2 Pallavan Salai, Chennai - 600 002.

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