G.Subramanian v. M/S. Metropolitan Transport Corproation

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 02.08.2023

CORAM:

THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR WP.No.22782 of 2023 G.Subramanian ... Petitioner Vs M/s.Metropolian Transport Corporation, Rep. by its Managing Director, No.1, Pallavan Salai, Chennai - 600 002.

... Respondent Prayer:- Writ Petition filed, under the Article 226 of Constitution of India, to issue a Writ of Mandamus directing the respondent to settle a sum of Rs.2,08,997/- towards 6% interest for the belated settlement of terminal benefits to the petitioner herein by considering the representation of the petitioner dated 26.07.2023. For Petitioner : Mr.D.Soundar Raj For Respondent : Mr.R.Balaji

ORDER

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This Writ Petition has been filed to direct the respondent to settle a sum of Rs.2,08,997/- towards 6% interest for the belated settlement of terminal benefits to the petitioner herein by considering the representation of the petitioner dated 26.07.2023.

2. It is the case of the Writ Petitioner that he retired from service on 31.10.2021 on attaining the age of superannuation. It is the contention of the learned counsel that the terminal benefits were belatedly settled to the petitioner only on 23.05.2023. Therefore, the petitioner is eligible for interest on the belated payment of Provident Fund, Gratuity, Earned Leave, Commuted Pension and other benefits. Hence, seeks interest at the rate of 6% p.a. for belated payment of retirement benefits of the petitioner.

3. Heard Mr.D.Soundar Raj learned counsel for the petitioner and Mr.R.Balaji, learned counsel appearing for the respondent.

4. This Court, in various decisions, have already taken a view that 2/5

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 petitioner is entitled for interest at the rate of 4% per annum on the belated payment of the terminal benefits.

5. Accordingly, the respondent is directed to pay interest at the rate of 4% per annum on the belated payment of the terminal benefits to the petitioner, 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.

6. With the above direction, this Writ Petition is disposed of. No costs.

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M/s.Metropolian Transport Corporation, Rep. by its Managing Director, No.1, Pallavan Salai, Chennai - 600 002.

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N.SATHISH KUMAR, J.

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