Madras High CourtWP/22651/2023disposed of

G.Ganesan v. The General Manager

2023-08-01Honourable Mr Justice N. Sathish Kumar4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 01.08.2023

CORAM

THE HONOURABLE MR. JUSTICE N.SATHISH KUMAR 1.G.Ganesan 2.G.Muthukumaran 3.G.Venkatesan 4.S.Seenuvasaragavan 5.G.Annadurai 6.S.Ramesh 7.T.Krishnan 8.J.Amalraj 9.D.Azagarasan 10.G.Kuppusamy 11.S.Rajendran 12.K.Rameshbabu .. Petitioners

Versus

1.The General Manager Tamil Nadu State Transport Corporation (Villupuram) Limited 3/137, Salamedu, Villupuram Villupuram District - 605 401 2.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 @ 10% for the belated payment of Gratuity, Leave Salary, Employees Provident Fund and commutation of pension amount to the petitioners. 1/4

For Petitioners : Mr.S.T.Varadarajulu For Respondents : Mr.R.Venkatesa Perumal for R1 Mr.C.S.K.Sathish for R2

ORDER

This Writ Petition has been filed seeking to direct the respondents to pay interest @ 10% for the belated payment of Gratuity, Leave Salary, Employees Provident Fund and commutation of pension amount to the petitioners.

2. It is the case of the writ petitioner that they joined in the respondent Corporation and had retired from their services. It is the grievance of the writ petitioners that the respondents paid the retirement benefits such as Gratuity, Leave Salary, Employees Provident Fund and commutation of pension amount belatedly without any interest. Hence, they made representations requesting the respondents to pay interest at the rate of 10% per annum for Gratuity, Leave Salary, Employees Provident Fund commutation of pension amount and other unsettled terminal benefits and the same have not been considered. Hence, this writ petition.

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 other the terminal benefits have not been paid. The 2/4

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.

01.08.2023 dhk Index:Yes/No Internet: Yes/No 3/4

N.SATHISH KUMAR, J.

dhk To 1.The General Manager Tamil Nadu State Transport Corporation (Villupuram) Limited 3/137, Salamedu, Villupuram Villupuram District - 605 401 2.The Administrator Tamil Nadu State Transport Corporation Employees Pension Fund Trust Thiruvalluvar House Pallavan Salai, Chennai - 600 002 01.08.2023 (1/2) 4/4