V.Shanmugasundaram v. The Managing Director

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 17.07.2023

CORAM

THE HONOURABLE MR. JUSTICE N.SATHISH KUIMAR V.Shanmugasundaram .. Petitioner

Versus

1.The Managing Director Tamil Nadu State Transport Corporation (Coimbatore) Limited No.37, Mettupalayam Road Coimbatore - 641 043 2.The Administrator Tamil Nadu State Transport Corporation Employees Pension Fund Trust Thiruvalluvar House, Pallavan Salai Chennai - 600 002 .. Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents to pay interest at the rate of 6% per annum for the delayed payment of Gratuity, Employees Provident Fund and Earned Leave Salary from the date of retirement to till the date of payment made to the petitioner.

For Petitioner : Mr.M.Varunkumar For Respondents : Mr.A.Vinothraja for R1 Mr.C.S.K.Sathish for R2 1/4

ORDER

These Writ Petitions have been filed seeking to direct the respondents to pay interest at the rate of 6% per annum for the delayed payment of Gratuity, Employees Provident Fund and Earned Leave Salary from the date of retirement to till the date of payment made to the petitioner.

2. It is the case of the writ petitioner that he joined in the respondent Corporation and he had retired from his service. It is the grievance of the writ petitioner that the respondents paid the retirement benefits such as Gratuity, Employees Provident Fund and Earned Leave Salary belatedly without any interest. Hence, he made representation requesting the respondents to pay interest at the rate of 6% per annum for Gratuity, Employees Provident Fund and Earned Leave Salary and also requested to settle the terminal benefits with interest and the same has not been considered. Hence, this writ petition.

3. It is the contention of the learned counsel for the petitioner that though certain retirement benefits have been paid and the same have been paid belatedly and still the terminal benefits have not been paid. The retirement benefits have not been paid on time, which is the last source of income to the retired employee.

4. In such view of the matter, the respondent Corporation is directed to 2/4

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, this writ petition stands disposed of. There shall be no order as to costs.

17.07.2023 dhk Index:Yes/No Internet: Yes/No To 1.The Managing Director Tamil Nadu State Transport Corporation (Coimbatore) Limited No.37, Mettupalayam Road Coimbatore - 641 043 2.The Administrator Tamil Nadu State Transport Corporation Employees Pension Fund Trust Thiruvalluvar House, Pallavan Salai Chennai - 600 002 N.SATHISH KUMAR, J.

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dhk WP.No.21032 of 2023 17.07.2023 4/4