K.Murali v. The Managing Director

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 24.07.2023

CORAM:

THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR WP.No.21791 of 2023 K.Murali ... Petitioner Vs

1. The Managing Director, Tamil Nadu State Transport Corporation [Villupuram] Ltd., Kancheepuram Region, 3/137, Salamedu, Vazhuthareddy Post, Villupuram - 605 602.

2. The Administrator, Tamil Nadu State Transport Corporation Employees Pension Fund Trust, Thiruvalluvar House, Pallavan Salai, Chennai - 600 002. ... Respondents Prayer:- Writ Petition filed, under the Article 226 of Constitution of India, to issue a Writ of Mandamus directing the respondents to pay interest @ 4% for the belated payment of terminal benefits namely, the Provident Fund amount, Gratuity amount, Leave Salary amount and Commutation of Pension amount to the petitioner for the period from 1/5

31.05.2022 [date of retirement] to till the date of payment by following order passed in W.A. [MD] Ns.383 to 457 of 2015 dated 12.06.2015 within a time frame.

For Petitioner : Mr.V.S.Jagadeesan For Respondents : Mr.R.Venkatesa Perumal - R1 Mr.C.S.K.Sathish - R2

ORDER

This Writ Petition has been filed to direct the respondents to pay interest @ 4% for the belated payment of terminal benefits namely, the Provident Fund amount, Gratuity amount, Leave Salary amount and Commutation of Pension amount to the petitioner for the period from 31.05.2022 [date of retirement] to till the date of payment by following order passed in W.A. [MD] Ns.383 to 457 of 2015 dated 12.06.2015 within a time frame.

2. It is the case of the Writ Petitioner that he retired from service on 31.05.2022 after attaining superannuation. It is the contention of the 2/5

learned counsel that the terminal benefits were belatedly settled to the petitioner only on 30.05.2023. Therefore, the petitioner is eligible for interest on the belated payment of Provident Fund, Gratuity, Earned Leave Salary, Commuted Pension and other benefits. Hence, seeks interest at the rate of 4% p.a. for belated payment of retirement benefits of the petitioner.

3. Heard Mr.V.S.Jagadeesan learned counsel for the petitioner, Mr.R.Venkatesa Perumal, learned counsel appearing for the first respondent and Mr.C.S.K.Sathish, learned counsel appearing for the second 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.

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5. Accordingly, the respondents are directed to pay interest at the rate of 4% per annum on the belated payment of the terminal 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.

24.07.2023 Index:Yes/No vrc To,

1. The Managing Director, Tamil Nadu State Transport Corporation [Villupuram] Ltd., Kancheepuram Region, 3/137, Salamedu, Vazhuthareddy Post, Villupuram - 605 602.

2. The Administrator, Tamil Nadu State Transport Corporation Employees Pension Fund Trust, Thiruvalluvar House, Pallavan Salai, Chennai - 600 002. 4/5

N.SATHISH KUMAR, J.

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