← Library
Madras High CourtWP/22643/2023disposed of

P.Venkatachalam v. The Management Of

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 P.Venkatachalam .. Petitioner

Versus

1.The Management of Tamil Nadu State Transport Corporation (Kovai) Limited Erode Region Rep by its Managing Director Erode 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 the petitioner interest at the rate of 18% per annum, for the period of delay from 01.07.2018 to 21.01.2019 in paying the amounts paid towards his terminal and pension benefits namely EPF Employees' Contribution, Gratuity, Encashment of Earned/Sick Leaves and Commutated Value of Pension. For Petitioner : Mrs.V.Porkodi for Mr.V.Ajay Khose For Respondents : Mr.M.Muralivinodh for R1 Mr.C.S.K.Sathish for R3 1/4

ORDER

This Writ Petition has been filed seeking to direct the respondents to pay the petitioner interest at the rate of 18% per annum, for the period of delay from 01.07.2018 to 21.01.2019 in paying the amounts paid towards his terminal and pension benefits namely EPF Employees' Contribution, Gratuity, Encashment of Earned/Sick Leaves and Commutated Value of Pension.

2. It is the case of the writ petitioner that he had joined in the respondent Corporation on 30.01.1992 as Driver and had retired from his service on 30.06.2018. It is the grievance of the writ petitioner that the respondents paid the retirement benefits such as EPF Employees' Contribution, Gratuity, Encashment of Earned/Sick Leaves and Commutated Value of Pension belatedly without any interest. Hence, he made a representation on 10.06.2023 requesting the respondents to pay interest for belated payments and other unsettled terminal benefits and the same has not been considered. Hence, this writ petition.

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 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 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.

01.08.2023 dhk Index:Yes/No Internet: Yes/No N.SATHISH KUMAR, J.

3/4

dhk To 1.The Managing Director The Management of Tamil Nadu State Transport Corporation (Kovai) Limited Erode Region 2.The Administrator Tamil Nadu State Transport Corporation Employees Pension Fund Trust Thiruvalluvar House Pallavan Salai, Chennai - 600 002 01.08.2023 (5/5) 4/4