A.Krishnaswamy (Employee No.015132) v. The Managing Director
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 21.06.2023
CORAM:
THE HONOURABLE MR. JUSTICE M.S. RAMESH A.Krishnaswamy
...Petitioner
Vs 1.The Managing Director, Tamil Nadu State Transport Corporation (Coimbatore) Ltd., Coimbatore-43.
2.The Administrator, Tamil Nadu State Transport Corporation Employees Post Retirement Welfare Fund Scheme, Thiruvalluvar House, Pallavan Salai, Chennai - 600 002.
...Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the respondents to disburse the payments relating to belated payment of interest amount at the rate of 12% on benefits like Provident Fund, Gratuity, Earned Leave Salary and other unsettled benefits like ERBS Pension Amount from 01.03.2020 and EL Surrender Arrears from 2009, within a stipulated time as fixed by this Court. For Petitioner : Mr.M.Varun Kumar For Respondent-1: Mr.M.Murli Vinoth, Standing Counsel For Respondent-2: Mr.C.S.K.Sathish Standing Counsel 1/4
ORDER
With the consent of both the parties, this Writ Petition is taken up for final disposal.
2. The petitioner herein, who was served as Canteen Cleaner under the respondent Corporation, had retired from service on 29.02.2020. However, his retirement benefits (PF, Gratuity, EL Salary) came to be settled only on 02.06.2021. The petitioner had given a representation on 08.06.2022, seeking for interest on the belated payment of the retirement benefits and also to pay the unsettled benefits like ERBS Pension Amount from 01.03.2020 and EL Surrender Arrears from 2009 with interest, which is yet to be considered.
3. 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. In this background, this Court is of the view that the petitioner would be entitled for interest at the rate of 4% per annum on the belated payment of the terminal benefits. 2/4
4. In the light of the above observations, there shall be a direction to the first respondent herein to pay interest at the rate of 4% per annum on the belated payment of the terminal benefits (PF, Gratuity, EL Salary) to the petitioner and also to disburse the unsettled benefits such as ERBS Pension Amount from 01.03.2020 and EL Surrender Arrears from 2009 along with 4% interest, from the date of his entitlement of the aforesaid retirement benefits till the date of actual disbursement, within a period of four weeks from the date of receipt of a copy of this order.
5. With the above direction, the Writ Petition stands disposed of. There shall be no order as to costs.
21.06.2023 Index:Yes/No Speaking order/Non-speaking order DP 3/4
M.S.RAMESH,J.
DP To 1.The Managing Director, Tamil Nadu State Transport Corporation (Coimbatore) Ltd., Coimbatore-43.
2.The Administrator, Tamil Nadu State Transport Corporation Employees Post Retirement Welfare Fund Scheme, Thiruvalluvar House, Pallavan Salai, Chennai - 600 002.
21.06.2023 4/4