M.Shanmugam, v. The Managing Director
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 16.06.2023
CORAM:
THE HONOURABLE MR. JUSTICE M.S. RAMESH M.Shanmugam ... 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.
3.The Administrator, Tamil Nadu State Transport Corporation Employees' Pension Fund Trust, Thiruvalluvar Illam, Anna 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 1/4
interest to the petitioner at the rate of 8% per annum for the belated payment of his Earned Leave Salary, Gratuity and Commuted Value of Pension within a time limit to be stipulated by this Court. For Petitioner : Mr.J.Lakshminarayanan For Respondents : Mr.R.Venkatesh Perumal, Standing Counsel for R1 and R2 Mr.C.S.K.Sathish, Standing Counsel for R3
ORDER
With the consent of both the parties, this Writ Petition is taken up for final disposal at the admission stage itself. 2.The petitioner herein, who was appointed as a Driver under the respondent Transport Corporation, had retired from service on 31.05.2018 on reaching the age of superannuation. The petitioner had given a representation on 10.05.2023, seeking for interest on the belated payment of the retirement benefits, which is 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 petitioner 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 petitioner, from the date of his 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.
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M.S.RAMESH,J.
vga 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.
3.The Administrator, Tamil Nadu State Transport Corporation Employees' Pension Fund Trust, Thiruvalluvar Illam, Anna Salai, Chennai - 600 002.
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