V.Murali v. The Managing Director,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 21.07.2023
CORAM
THE HONOURABLE MR. JUSTICE N.SATHISH KUMAR V.Murali .. Petitioner in W.P.No.21532 of 2023 C.Shanmugam .. Petitioner in W.P.No.21534 of 2023
Versus
1.The Managing Director Tamil Nadu State Transport Corporation (Salem) Limited No.12, Ramakrishna Road Salem - 636 007 2.The General Manager Tamil Nadu State Transport Corporation (Salem) Limited Dharmapuri Region Bharathipuram Dharmapuri 3.The Administrator Tamil Nadu State Transport Corporation Employees Post Retirement Welfare Fund Scheme Thiruvallur House, Pallavan Salai Chennai - 600 002 .. Respondents in both cases Common Prayer: Writ Petitions are filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents to disburse the interest for belated payment of amount of Provident Fund, Gratuity, Earned Leave Salary, Pension Commutation and consequently direct the respondents to settle Earned Leave Surrender from the years 2010-2019, ERBS Pension amount, IRT amount and 10 days salary amount along with interest.
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In both cases For Petitioners : Mr.J.Pradeep For Respondents : Mr.K.Raja for R1 & 2 Mr.C.S.K.Sathish for R3 COMMON ORDER These Writ Petitions have been filed seeking to direct the respondents to disburse the interest for belated payment of amount of Provident Fund, Gratuity, Earned Leave Salary, Pension Commutation and consequently direct the respondents to settle Earned Leave Surrender from the years 2010-2019, ERBS Pension amount, IRT amount and 10 days salary amount along with interest.
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, Gratuity, Earned Leave Salary, Pension Commutation amount belatedly without any interest. Hence, they made representations requesting the respondents to pay interest at the rate of 12% per annum for Provident Fund, Gratuity, Earned Leave Salary, Pension Commutation amount and other unsettled terminal benefits of Earned Leave Surrender from the years 2010-2019, ERBS Pension amount, IRT amount and 2/4
10 days salary amount 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 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 respondents 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, if any, 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.
21.07.2023 dhk Index:Yes/No Internet: Yes/No 3/4
N.SATHISH KUMAR, J.
dhk To 1.The Managing Director Tamil Nadu State Transport Corporation (Salem) Limited No.12, Ramakrishna Road Salem - 636 007 2.The General Manager Tamil Nadu State Transport Corporation (Salem) Limited Dharmapuri Region Bharathipuram Dharmapuri 3.The Administrator Tamil Nadu State Transport Corporation Employees Post Retirement Welfare Fund Scheme Thiruvallur House, Pallavan Salai Chennai - 600 002 21.07.2023 4/4