K.Pugazhenthi 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.K.Pugazhenthi 2.M.Sasikala 3.A.Kuthus 4.T.Veeramani 5.K.Rajendran 6.R.Baskar 7.A.Sekar 8.S.Anantharaj 9.V.Yoganathan 10.A.Mohanan 11.K.Munusamy 12.K.Kathavarayan 13.S.Rajendran
...Petitioners
Vs 1.The General Manager, Tamil Nadu State Transport Corporation [Villupuram] Ltd., Villupuram Region, 3/137, Salamedu Villupuram - 605 401.
2.The Administrator, Tamil Nadu State Transport Corporation Employees Pension Fund Trust, No.2 Pallavan Salai, Chennai - 600 002.
...Respondents
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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 Gratuity, Provident Fund, Gratuity, Leave Salary and Commutation of pension 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 Senior and Selection Grade Conductors, Senior Tradesman and Senior Assistant under the respondent Corporation, had retired from service during the years 2018 and 2019 on reaching the age of superannuation. However, their retirement benefits came to be settled belatedly. The petitioners had given representations seeking for interest on the belated payment of the retirement benefits, which are yet to be considered. 2/4
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., Villupuram Region, 3/137, Salamedu Villupuram - 605 401.
2.The Administrator, Tamil Nadu State Transport Corporation Employees Pension Fund Trust, No.2 Pallavan Salai, Chennai - 600 002.
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