C.Menon v. The General Manager
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 31.07.2023 CORAM :
THE HONOURABLE MR. JUSTICE N. SATHISH KUMAR 1.C.Menon 2.D.Chellamuthu 3.V.Lakshmipathy 4.D.Nagarajan 5.G.Palani 6.A.Baskaran 7.V.Sugumaran 8.G.Ponnambalam 9.R.Sathiyavel 10.S.Kannan ... Petitioners Vs.
1.The General Manager, Tamil Nadu State Transport Corporation (Villupuram) Ltd., Cuddalore Region, No.2, Imperial Road, Cuddalore - 607 002.
2.The Administrator, Tamil Nadu State Transport Corporation Employees Pension Fund Trust, No.2, Pallavan Salai, Chennai - 600 002.
... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus to direct the respondents to pay interest @ 10% for the belated payment of Gratuity, Provident Fund, Leave Salary and Commutation of Pension amount to the petitioners.
For Petitioners : Mr.S.T.Varadarajalu For R1 : Mr.R.Venkatesa Perumal For R2 : Mr.C.S.K.Sathish
O R D E R
This writ petition has been filed to direct the respondents to pay interest @ 10% for the belated payment of Gratuity, Provident Fund, Leave Salary and Commutation of Pension amount to the petitioners. 2.It is the case of the petitioners that they retired from the respondent Corporation, however, their retirement benefits, viz., Gratuity, Provident Fund, Leave Salary and Commutation of Pension amount were settled belatedly on the following dates :
Petitioners Date of Retirement Date of settlement 1.C.Menon 31.03.2020 02.06.2021 2.D.Chellamuthu 31.08.2020 01.12.2022 3.V.Lakshmipathy 30.09.2020 01.12.2022 4.D.Nagarajan 30.09.2020 01.12.2022 5.G.Palani 31.12.2020 01.12.2022 6.A.Baskaran 30.06.2021 27.03.2023 7.V.Sugumaran 30.06.2021 27.03.2023 8.G.Ponnambalam 31.10.2021 27.03.2023 9.R.Sathiyavel 23.11.2021 11.03.2023
Petitioners Date of Retirement Date of settlement 10.S.Kannan 23.11.2021 13.03.2023 Therefore, it is the contention of the petitioners that the petitioners are eligible for interest on the belated payment of their retirement benefits, viz., Gratuity, Provident Fund, Leave Salary and Commutation of Pension amount. Hence, the petitioners seek interest at the rate of 10% per annum for the belated payment of their retirement benefits. 3.Heard the learned counsel for the petitioners, Mr.R.Venkatesa Perumal, learned counsel, who takes notice for the 1st respondent and Mr.C.S.K.Sathish, who takes notice for the 2nd respondent. 4.This Court, in various decisions, have already taken a view that, in all cases of belated payment of terminal benefits, the concerned employee would be entitled to interest at the rate of 4% per annum. Hence, this Court is of the view that the petitioners are entitled to interest at the rate of 4% per annum on the belated payment of the terminal benefits.
5.Accordingly, the respondents are directed to pay interest at the rate of 4% per annum on the belated payment of the retirement benefits to the petitioners, from the date of their 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.
31.07.2023 (2/2) mkn Internet : Yes Index : Yes / No Speaking order / Nonspeaking order To 1.The General Manager, Tamil Nadu State Transport Corporation (Villupuram) Ltd., Cuddalore Region, No.2, Imperial Road, Cuddalore - 607 002.
2.The Administrator, Tamil Nadu State Transport Corporation Employees Pension Fund Trust, No.2, Pallavan Salai, Chennai - 600 002.
N. SATHISH KUMAR, J.
mkn 31.07.2023 (2/2)