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Madras High CourtWP/20532/2023disposed of

P.Palaniappan v. The Managing Director

2023-07-12Honourable Mr Justice N. Sathish Kumar4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 12.07.2023

CORAM

THE HONOURABLE MR. JUSTICE N.SATHISH KUMAR WP.Nos.20532, 20534, 20538, 20540, 20543 & 20545 of 2023 W.P.No.20532 of 2023 P.Palaniappan .. Petitioner

Versus

The Managing Director Tamil Nadu State Transport Corporation (Salem) Limited No.12, Ramakrishna Road Salem - 636 007 .. Respondent Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents to disburse the belated payment of interest amount of Provident Fund, Gratuity and Earned Leave Salary other benefits, Arrears Earned Leave Surrender in the years 2002012 & 2017-2018, VRS Compensation, ERBS Pension Amount, 12(3) Settlement Arrears and IRT Share amount with effect from 23.05.2022. For Petitioner : Mr.N.Desinghu For Respondent : Mr.K.Raja COMMON ORDER These Writ Petitions have been filed seeking to direct the respondents to disburse the belated payment of interest amount of Provident Fund, Gratuity and Earned Leave Salary other benefits, Arrears Earned Leave Surrender in the years 200-2012 & 2017-2018, VRS Compensation, ERBS Pension Amount, 1/4

12(3) Settlement Arrears and IRT Share amount.

2. It is the case of the writ petitioners that they were joined in the respondent Corporation and they had retired from their service. It is the grievance of the writ petitioners that the respondents paid the retirement benefits such as Provident Fund, Earned Leave Salary and Gratuity, Earned Leave Salary other benefits, Arrears Earned Leave Surrender belatedly without any interest. Hence, they made representations requesting the respondents to pay interest at the rate of 12% per annum for PF, Earned Leave Salary and Gratuity and also requested to settle the terminal benefits namely the VRS compensation, Family Benefit Fund, IRT Contributions with interest and the same has not been considered. Hence, these writ petitions.

3. It is the contention of the learned counsel for the petitioners that though certain retirement benefits have been paid and the same have been paid belatedly and still the terminal benefits such as VRS compensation, Post Retirement Benefits, Social Security Scheme and IRT contribution have not been paid. The retirement benefits have not been paid on time, which is the last source of income to the retired employee. 2/4

4. In such view of the matter, the respondent Corporation is directed to pay 4% interest per annum for the belated payments of retirement benefits paid to the petitioners and also directed to disburse the unpaid terminal benefits within a period of two months from the date of receipt of a copy of this order, with interest at the rate of 4% per annum for delayed period.

5. With the above direction, these writ petition stands disposed of. There shall be no order as to costs.

12.07.2023 dhk Index:Yes/No Internet: Yes/No To The Managing Director Tamil Nadu State Transport Corporation (Salem) Limited No.12, Ramakrishna Road Salem - 636 007 3/4

N.SATHISH KUMAR, J.

dhk WP.Nos.20532, 20534, 20538, 20540, 20543 & 20545 of 2023 12.07.2023 4/4