K.Ganapathy v. Tamilnadu State Transport Corporation (Salem)Ltd

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 01.09.2022 CORAM :

THE HONOURABLE MR.JUSTICE R.SURESH KUMAR K.Ganapathy ..Petitioner in W.P.No.23220/2022 M.Krishnan ..Petitioner in W.P.No.23226/2022 M.Ravichandran ..Petitioner in W.P.No.23237/2022 N.Subramanian ..Petitioner in W.P.No.23241/2022 R.Rangasamy ..Petitioner in W.P.No.23245/2022 Vs.

1. Tamil Nadu State Transport Corporation (Salem) Limited, Rep. by its Managing Director, No.12, Ramakrishna Road, Salem - 7.

2. Tamil Nadu State Transport Corporations, Employees' Pension Fund Trust, Rep. by its Administrator, Thiruvalluvar Illam, Pallavan Salai, Chennai - 600 002.

... Respondents in all W.Ps.

Common Prayer : Writ Petitions filed under Article 226 of the Constitution of India for Writ of Mandamus, directing the respondents to pay the petitioner interest at the rate of 18% per annum for the belated payment of his P.F, gratuity, commuted value of pension and earned

leave salary and to settle the amounts payable under the social security scheme, Family Benefit fund, IRT contributions and to refund of contributions under the post retirement benefit scheme together with interest at the rate of 18%.

For Petitioner [in all W.Ps.] : Ms.H.Nandhini For Respondents [in all W.Ps.] : Mr.K.Raja Standing Counsel [R1] Mr.C.S.K.Sathish Standing Counsel [R2] COMMON ORDER Since the issue raised in these writ petitions is one and the same, with the consent of learned counsel appearing for both sides, these writ petitions were heard together and are disposed of by this common order.

2. In variably in these writ petitions, the respective petitioners were the erstwhile employees of the respondent Transport Corporation and after retirement, they were paid the retirement benefits like P.F, gratuity, commuted value of pension and earned leave salary. However, since the same was belatedly paid, they seek for interest at the rate of 18% interest per annum for such belated payment and to settle the amounts payable

under the social security scheme, Family Benefit fund, IRT contributions and to refund of contributions under the post retirement benefit scheme together with interest at the rate of 18% and since the same was not disbursed so far, they have approached this Court by filing the present writ petitions with the aforesaid prayer.

3. Heard Ms.H.Nandhini, learned counsel appearing for the petitioners, who would submit that, when similarly placed persons approached this Court, number of orders have been passed by this Court allowing 4% interest for such belated payment of retirement benefits to the employees and therefore, the same benefit can be extended to these petitioners also.

4. Heard Mr.K.Raja, learned Standing Counsel appearing for the respondent Corporation, who fairly submitted that for similarly placed persons it has been directed to pay the 4% interest by orders of this Court at various writ petitions filed from time to time. Therefore, the petitioners also would be considered for extending the said benefit of 4% interest for the belated payment of retirement benefits.

5. Having regard to the said submission made by the learned counsel appearing for both sides especially the stand taken by the learned Standing Counsel appearing for the respondent, this Court is inclined to dispose of this writ petition with the following orders: That there shall be direction to the respondent to calculate the 4% interest for the belated payment of the retirement benefits like P.F, gratuity, commuted value of pension and earned leave salary etc., and settle the amounts payable under the social security scheme, Family Benefit fund, IRT contributions and to refund of contributions under the post retirement benefit scheme to the respective petitioners and pay the said interest at the rate of 4% from the date of those dues till the date such payment as directed above within a period of eight (8) weeks from the date of receipt of a copy of this order.

With this direction, these writ petitions are disposed of accordingly. No costs.

01.09.2022 Index : Yes/No Internet:Yes/No mp

To

1. The Managing Director, Tamil Nadu State Transport Corporation (Salem) Limited, No.12, Ramakrishna Road, Salem - 7.

2. Tamil Nadu State Transport Corporations, Employees' Pension Fund Trust, Rep. by its Administrator, Thiruvalluvar Illam, Pallavan Salai, Chennai - 600 002.

R.SURESH KUMAR, J.

mp 01.09.2022