C.Gunasekaran v. The Managing Director
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 03.08.2023
CORAM
THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR W.P.No.22812 of 2023 and W.M.P.No.22275 of 2023 1.C.Gunasekaran 2.K.Sugumaran 3.A.Vedagiri 4.K.Gopi 5.R.Subramaniyan 6.K.Mohanji 7.R.Kumar ... Petitioners
Versus
1.The Managing Director, Metropolitan Transport Corporation (Chennai) Ltd., No.2, Anna Salai, Chennai-600 002.
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, to issue appropriate writ orders or directions and in particular issue a Writ of Mandamus directing the respondents to pay interest @ 10% for the belated payment of terminal benefits such as Gratuity, Leave Salary, P.F and commutation of Pension amount to the petitioners. Page No.1 of 5
For Petitioner :
Mr.S.T.Varadarajalu For R1 :
Mr.R.Balaji, Standing Counsel For R3 :
Mr.C.S.K.Sathish, Standing Counsel
ORDER
This Writ Petition has been filed to direct the respondents to pay interest at 10% for the belated payment of terminal benefits such as Gratuity, Leave Salary, P.F and Commutation of Pension amount to the petitioners.
2.The details of the service particulars of the petitioners are as follows:- S.
No.
Name Designation Date of Retirement Date of Terminal Benefits settled C.Gunasekaran Checking Inspector /Time Keeper 31.07.2022 23.05.2023 2.K.Sugumaran Non-ITI, Helper 31.12.2020 28.11.2022 A.Vedagiri Checking Inspector/ Time Keeper 30.06.2022 23.05.2023 K.Gopi Checking Inspector/ Time Keeper 30.06.2022 23.05.2023 R.Subramaniyan Spl Gr.Driver 30.06.2022 23.05.2023 K.Mohanji Spl Gr.Driver 31.05.2022 23.05.2023 R.Kumar Sr.Trades Man 31.07.2022 23.05.2023 Page No.2 of 5
3.The contention of the petitioners is that the petitioners retired from service in the above said dates and the retirement benefits were belatedly settled to the 2nd petitioner on 28.11.2022 and to the other petitioners on 23.05.2023. Therefore, the petitioners are eligible for interest on the belated payment of Gratuity, Leave Salary, Provident Fund and Commutation of Pension. Hence, seeks interest at the rate of 10% p.a. for belated payment of their retirement benefits. 4.Heard Mr.S.T.Varadarajalu, learned counsel for the petitioners, Mr.R.Balaji, learned Standing Counsel appearing for the first respondent and Mr.C.S.K.Sathish, learned Standing Counsel appearing for the second respondent.
5.This Court, in various decisions, have already taken a view that in all cases of belated payment of the terminal benefits, the concerned employee would be entitled for interest at the rate of 4% per annum. Hence, this Court is of the view that the petitioners are entitled for interest at the rate of 4% per annum on the belated payment of the terminal benefits. Page No.3 of 5
6.Accordingly, the first respondent is 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 his retirement till the date of actual disbursement within a period of eight weeks from the date of receipt of a copy of this Order.
7.With the above direction, this Writ Petition is disposed of. No costs. Consequently, the connected Miscellaneous Petition is closed. 03.08.2023 Index : Yes/No Internet: Yes/No Speaking Order/Non-Speaking Order vv2 To 1.The Managing Director, Metropolitan Transport Corporation (Chennai) Ltd., No.2, Anna Salai, Chennai-600 002.
2.The Administrator, Tamil Nadu State Transport Corporation, Employees Pension Fund Trust, No.2, Pallavan Salai, Chennai-600 002.
Page No.4 of 5
N.SATHISH KUMAR , J.
vv2 03.08.2023 Page No.5 of 5