E.Govindaraj, 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.E.Govindaraj 2.B.Gnanaprakasam 3.R.Ramalingam 4.S.Kesavan 5.M.Ganapathi
...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 1/4
Provident Fund, Gratuity, Leave Salary, Gratuity and Commutation amount to the petitioners.
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 Manager, Senior Assistant Engineer, Selection Grade Assistant Engineer, Senior Assistant Engineer and Junior Engineer under the respondent Corporation, had retired from service on 31.12.2021, 21.09.2021, 27.10.2021, 21.01.2021 and 06.08.2021 respectively under voluntary retirement scheme. However, their retirement benefits came to be settled belatedly. The petitioners had given representations on 07.04.2023, 10.04.2023 and 05.04.2023, seeking for interest on the belated payment of the retirement benefits, which is yet to be considered.
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3. This Court, in various decisions, have already taken a view that in all cases of belated payment of the terminal benefits, the concerned 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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