Venkatasubramani v. The Managing Director
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 03.07.2023
CORAM:
THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR WP.No.19429 of 2023 Venkatasubramani ... Petitioner Vs
1. The Managing Director, Tamil Nadu State Transport Corporation [Salem] Ltd., No.12, Ramakrishna Road, Salem - 636 007.
2. The General Manager, Tamil Nadu State Transport Corporation [Salem] Ltd., Dharmapuri Region, Barathipuram, Dharmapuri District.
3. The Administrator Tamil Nadu State Transport Corporation, Employees Post Retirement Welfare Fund Scheme, Thiruvalluvar House, Pallavan Salai, Chennai - 600 002. ... Respondents Prayer:- Writ Petition is filed, under the Article 226 of Constitution of India, to issue a Writ of Mandamus directing the respondents to disburse the interest for the belated payment of Provident Fund, Gratuity, Earned 1/5
leave Salary, Commutation, IRT amount, Welfare fund and other benefits within the stipulated time as may be fixed by this Court. For Petitioner : Mr.J.Pradeep For Respondents : Mr.K.Raja - R1 & R2 Mr.C.S.K.Sathish - R3
ORDER
This Writ Petition has been filed to direct the respondents to disburse the interest for the belated payment of Provident Fund, Gratuity, Earned leave Salary, Commutation, IRT amount, Welfare fund and other benefits within the stipulated time as may be fixed by this Court.
2. The contention of the petitioner is that the mother of the petitioner died while she was in service on 03.02.2021 and his mother's terminal benefits were belatedly settled only on 08.02.2022. Therefore, the petitioner is eligible for interest on the belated payment of Provident Fund, Gratuity, Earned Leave Salary, Commutation and other benefits. 2/5
Hence, seeks interest at the rate of 18% p.a. for belated payment of death benefits of the mother of the petitioner.
3. Heard Mr.J.Pradeep learned counsel for the petitioner, Mr.K.Raja, learned counsel appearing for the first and second respondents and Mr.C.S.K.Sathish, learned counsel appearing for the third respondent.
4. 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. Hence, this Court is of the view that the petitioner is entitled for interest at the rate of 4% per annum on the belated payment of the terminal benefits.
5. Accordingly, the first respondent is directed 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 death of the mother of the petitioner till 3/5
the date of actual disbursement within a period of eight weeks from the date of receipt of a copy of this Order.
6. With the above direction, this Writ Petition is disposed of. No costs.
03.07.2023 Index:Yes/No vrc To,
1. The Managing Director, Tamil Nadu State Transport Corporation [Salem] Ltd., No.12, Ramakrishna Road, Salem - 636 007.
2. The General Manager, Tamil Nadu State Transport Corporation [Salem] Ltd., Dharmapuri Region, Barathipuram, Dharmapuri District.
3. The Administrator Tamil Nadu State Transport Corporation, Employees Post Retirement Welfare Fund Scheme, Thiruvalluvar House, Pallavan Salai, Chennai - 600 002. 4/5
N.SATHISH KUMAR, J.
vrc WP.No.19429 of 2023 03.07.2023 5/5