R.Gopalan Staff No.J03819 v. The Managing Director
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 18.07.2024
CORAM:
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN 1.R.Gopalan 2.A.Srinivasan 3.K.A.Subramanian 4.M.Murugesh 5.S.Kothandaraman 6.P.Palaniyandi
...Petitioners
-Vs1.The Managing Director, Tamil Nadu State Transport Corporation Ltd, 37, Mettupalayam Road, Coimbatore-43.
2.The General Manager, Tamil Nadu State Transport Corporation Ltd, Erode Region, Chennimalai Road, Erode-638 001.
3.The Administrator, Tamil Nadu State Transport Corporation, EPF Trust, Thiruvalluvar House, Anna Salai Chennai-2.
... Respondents Prayer : Writ Petition filed under Article 226 of Constitution of India praying for the issuance of a Writ of Mandamus directing the respondents to pay interest for the belated payment of Provident Fund, Gratuity, Encashment of
Earned Leave, Surrender leave and Commuted Value of Pension, at the rate of 12% per annum, within a specified time as may be fixed by this Court. For Petitioner : Mr.P.Gurusamy For Respondents : Mr.M.Murali Vinoth Standing Counsel
ORDER
This Writ Petition has been filed for a direction directing the respondents to pay appropriate interest to the petitioner for the belated payment of Provident Fund, Gratuity, Encashment of Earned Leave, Surrender Leave and Commuted Value of Pension at the rate of 12% per annum.
2. Heard the learned counsel appearing for the petitioner and the learned Standing Counsel appearing for the respondents 1 and 2 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.
4. This Court is of the view that the respondents 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 respondents 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.
18.07.2024 Internet: Yes Index : Yes/No Speaking/Non Speaking order Lpp To 1.The Managing Director, Tamil Nadu State Transport Corporation Ltd, 37, Mettupalayam Road, Coimbatore-43.
2.The General Manager, Tamil Nadu State Transport Corporation Ltd, Erode Region, Chennimalai Road, Erode-638 001.
3.The Administrator, Tamil Nadu State Transport Corporation, EPF Trust, Thiruvalluvar House, Anna Salai Chennai-2.
G.K.ILANTHIRAIYAN. J, Lpp 18.07.2024