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Madras High CourtWP/22205/2023disposed of

S.Sarvani-17182 v. Tamilnadu State Transport Corporation (Villupuram) Ltd,

2023-07-27Honourable Mr Justice N. Sathish Kumar4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 27.07.2023

CORAM

THE HONOURABLE MR. JUSTICE N.SATHISH KUMAR S.Sarvani .. Petitioner

Versus

1.Tamil Nadu State Transport Corporation (Villupuram) Limited Rep by the Managing Director 3/137, Salamedu Valudhareddy Post Villupuram - 605 602 2.Tamil Nadu State Transport Corporation (Villupuram) Limited Rep by the Managing Director Kancheepuram Regional Office Karapettai, Chennai - Bangalore Highway Kancheepuram - 631 552 3.The Administrator Tamil Nadu State Transport Corporation Employees Pension Fund Trust Thiruvalluvar House Pallavan Salai, Chennai - 600 002 .. Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents to pay interest amount to the belatedly paid retiral benefits viz., the Provident Fund, Service Gratuity, Commutation of Pension amount and Leave Salary to the petitioner at the rate of 4% per annum for 12 months of delayed payment in accordance with the Order dated 24.03.2021 made in W.P.No.506 of 2021. 1/4

For Petitioner : Mr.N.Ishak For Respondents : Mr.R.Venkatesa Perumal for R1 & R2 Mr.C.S.K.Sathish for R3

ORDER

This Writ Petition has been filed seeking to direct the respondents to pay interest amount to the belatedly paid retiral benefits viz., the Provident Fund, Service Gratuity, Commutation of Pension amount and Leave Salary to the petitioner at the rate of 4% per annum for 12 months of delayed payment in accordance with the Order dated 24.03.2021 made in W.P.No.506 of 2021.

2. It is the case of the writ petitioner that she joined in the respondent Corporation and had retired from her service on 31.05.2022. It is the grievance of the writ petitioner that the respondents paid retiral benefits viz., the Provident Fund, Service Gratuity, Commutation of Pension amount and Leave Salary belatedly without any interest. Hence, she made a representation requesting the respondents to pay interest at the rate of 6% per annum for retiral benefits viz., the Provident Fund, Service Gratuity, Commutation of Pension amount and Leave Salary and other unsettled terminal benefits and the same has not been considered. Hence, this writ petition. 2/4

3. It is the contention of the learned counsel for the petitioner that though certain retirement benefits have been paid and the same have been paid belatedly and still other 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 petitioner 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.

24.07.2023 dhk Index:Yes/No Internet: Yes/No 3/4

N.SATHISH KUMAR, J.

dhk To 1.The Managing Director Tamil Nadu State Transport Corporation (Villupuram) Limited 3/137, Salamedu Valudhareddy Post Villupuram - 605 602 2.The Managing Director Tamil Nadu State Transport Corporation (Villupuram) Limited Kancheepuram Regional Office Karapettai, Chennai - Bangalore Highway Kancheepuram - 631 552 3.The Administrator Tamil Nadu State Transport Corporation Employees Pension Fund Trust Thiruvalluvar House Pallavan Salai, Chennai - 600 002 27.07.2023 4/4