S.Venkatesan v. The Tamil Nadu State Transport Corporation Limited
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 10.07.2024
CORAM
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN W.P.No.18387 of 2024 S.Venkatesan ....
Petitioner Vs The Tamil Nadu State Transport Corporation Ltd., Coimbatore Division - I, Rep. by its Managing Director, No.37, Mettupalayam Road, Coimbatore.
....
Respondent Prayer : Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondent herein to pay interest for the delayed payments made to the petitioner in respect of Gratuity, Earned Leave, Provident Fund and Leave Surrender etc.
For Petitioner : Mr.D.Anand Raja For Respondent : Mr.C.Gowthamaraj Standing Counsel
ORDER
This Writ Petition has been filed for a direction, directing the respondent to pay appropriate interest to the petitioner for the belated payment of Gratuity, Earned Leave, Provident Fund and Leave Surrender. 1/4
2. Heard the learned counsel appearing on either side and perused the materials available on record.
3. In identical issues, this Court has passed various orders, justifying the payment of interest to the aggrieved pensioners and in the order dated 13.12.2019 in W.P.(MD) No.26481 of 2019, the following order came to be passed :- "5. I am not in agreement with the said representation made. There was already a duty cast on the respondent Corporation to pay the terminal benefits on the date of retirement itself and the very fact that the belated disbursement of retirement benefit, had already put the retired employee to serious prejudice, entertaining the present request for disbursement of the interest on the belated payment in installments, could cause further prejudice to the retired employee.
6. In the light of the above observations, there shall be a direction to the respondent / Corporation to pay the penal interest at the rate of 6% per annum on the belated payment of the retirement benefits for the period from the date of the retirement, till the date of the actual disbursement, as expeditiously as possible and in any event, not before the expiry of three months from the date of receipt of a copy of this order.
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4. This Court is of the view that the respondent could be directed to pay the interest on the belated payment, at the rate of 6% per annum, as ordered in the above writ petition.
5. In the light of the above findings, there shall be a direction to the respondent herein to pay the interest on the belated payment of the terminal benefits to the petitioner at the rate of 6% per annum, commencing from the date of the retirement, till 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.
10.07.2024 Internet : Yes/No Index:Yes/No Speaking/Non-speaking order Lpp To The Managing Director, Tamil Nadu State Transport Corporation Ltd., Coimbatore Division - I, No.37, Mettupalayam Road, Coimbatore.
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G.K.ILANTHIRAIYAN, J.
Lpp W.P.No.18387 of 2024 10.07.2024 4/4