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Madras High CourtWP/21980/2023disposed of

M.Thirumoorthy Sr 01232 v. The Managing Director

2023-07-26Honourable Mr Justice N. Sathish Kumar4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 26.07.2023

CORAM

THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR M.Thirumoorthy ... Petitioner

Versus

1.The Managing Director, Tamil Nadu State Transport Corporation (Villupuram) Limited, 3/136, Salamedu, Villupuram - 605 602.

2.The General Manager, Tamil Nadu State Transport Corporation (VPM) Limited, Tiruvannamalai Region, Vengikal, Tiruvannamalai - 606 604.

3.The Administrator, Tamil Nadu State Transport Corporation, Employees Post Retirement Welfare Fund Trust, Thiruvalluvar House, Pallavan Salai, Chennai - 600 002.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, to issue appropriate Writs, Orders or Directions and in particular issue a Writ in the name of Mandamus directing the respondent to pay the petitioner interest at the rate of 12% per annum for the belated payment of retirement benefits for the period of 31.07.2022 to 30.05.2023 i.e., 10 months on Provident Fund, earned leave and commuted pension, within a specified time.

Page No.1 of 4

For Petitioner :

Ms.S.Vasanthi For R1 & R2 :

Mr.R.Venkatesa Perumal For R3 :

Mr.C.S.K.Sathish *****

ORDER

This Writ Petition has been filed to direct the respondents to pay the petitioner interest at the rate of 12% per annum for the belated payment of retirement benefits for the period from 31.07.2022 to 30.05.2023 i.e., ten months on Provident Fund, Earned Leave and commuted pension, within a specified time.

2.The contention of the petitioner is that the petitioner retired from service on 31.07.2022 and his retirement benefits were belatedly settled only on 30.05.2023. Therefore, the petitioner is eligible for interest on the belated payment of Provident Fund, Earned Leave and Commuted Pension and other benefits. Hence, seeks interest at the rate of 12% p.a. for belated payment of his retirement benefits.

3.Heard Ms.S.Vasanthi, learned counsel for the petitioner, Mr.R.Venkatesa Perumal, learned counsel appearing for the first and second respondents and Mr.C.S.K.Sathish, learned counsel appearing for the third Page No.2 of 4

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 retirement benefits to the petitioner, from the date of his 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.

26.07.2023 Index : Yes/No Internet: Yes/No Speaking Order/Non-Speaking Order vv2 Page No.3 of 4

N.SATHISH KUMAR , J.

vv2 To 1.The Managing Director, Tamil Nadu State Transport Corporation (Villupuram) Limited, 3/136, Salamedu, Villupuram - 605 602.

2.The General Manager, Tamil Nadu State Transport Corporation (VPM) Limited, Tiruvannamalai Region, Vengikal, Tiruvannamalai - 606 604.

3.The Administrator, Tamil Nadu State Transport Corporation, Employees Post Retirement Welfare Fund Trust, Thiruvalluvar House, Pallavan Salai, Chennai - 600 002.

26.07.2023 Page No.4 of 4