M.Markandan v. The Managing Director

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12.06.2023

CORAM:

THE HONOURABLE MR. JUSTICE M.S. RAMESH M. Markandan ... Petitioner Vs.

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

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

... 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 interest to the petitioner at the rate of 8% per annum for the belated payment of his Earned Leave Salary and Gratuity within a time limit to be stipulated by this Court.

For Petitioner : Mr.J. Lakshminarayanan For Respondents : Mr.R. Venkatesaperumal, Standing Counsel 1/4

ORDER

With the consent of both the parties, the Writ Petition is taken up for final disposal at the admission stage itself.

2. The petitioner herein had retired from service on 31.03.2019 on attaining 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 17.04.2023, 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 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.

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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 retirement till the date of actual payment, 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 allowed. No costs.

12.06.2023 Speaking/Non-speaking Order Index: Yes/No Sni To 1.The Managing Director, Tamil Nadu State Transport Corporation (Villupuram) Ltd., 3/137, Salamedu, Villupuram - 605 602.

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

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M.S.RAMESH,J.

Sni 12.06.2023 4/4