Madras High CourtWP/23799/2023disposed of

J.Jayaseelan v. The General Manager

2023-08-11Honourable Mr Justice N. Sathish Kumar4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :

Coram THE HON'BLE MR JUSTICE N.SATHISH KUMAR Writ Petition No.23799 of 2023 J.Jayaseelan ..... Petitioner -Versus1.The General Manager, Tamil Nadu State Transport Corporation (Villupuram) Ltd., Vellore Region, Rangapuram, Vellore 632 009.

2.The Administrator, Tamil Nadu State Transport Corporation Employees Pension Fund Trust, No.2, Pallavan Salai, Chennai 600 002.

..... Respondents Petition filed under Article 226 of The Constitution of India, praying to issue a Writ of Mandamus, directing the respondent to pay interest @ 10% per annum for the belated payment of Gratuity and Provident Fund, Leave Salary amount to the petitioner.

For Petitioner : Mr.S.T.Varadarajulu For Respondent(s) : Mr.R.Venkatesa Perumal for R1 Mr.C.S.K.Sathish for R2

ORDER

This Writ Petition has been filed seeking to issue a writ in the nature of mandamus directing the respondents to pay penal interest @ 10% p.a. to the petitioner on the retirement benefits, which were settled belatedly.

2. It is the case of the writ petitioner that he joined in the respondent Corporation as Company Trainee on 01.02.1984 and voluntarily retired from service as Senior Assistant Engineer on 30.04.2022. It is the grievance of the writ petitioner that the respondents settled the retirement benefits such as Provident Fund & Gratuity belatedly without any interest. Hence, he made a representation requesting the respondents to pay interest at the rate of 10% per annum for the belated settlement of retirement benefits but the same has not been considered till date. Hence, this writ petition.

3. It is the contention of the learned counsel for the petitioner that the retirement benefits were not settled on time and therefore, the petitioner is entitled to interest on retirement benefits which were settled belatedly.

4. In such view of the matter, the respondent Corporation is directed to pay 4% interest per annum to the petitioner on the retirement benefits, which were settled belatedly, within a period of two months from the date of receipt

of a copy of this order.

5. With the above direction, this writ petition stands disposed of. There shall be no order as to costs.

Index : yes / no : yes / no Speaking / Non Speaking Order kmk To 1.The General Manager, Tamil Nadu State Transport Corporation (Villupuram) Ltd., Vellore Region, Rangapuram, Vellore 632 009.

2.The Administrator, Tamil Nadu State Transport Corporation Employees Pension Fund Trust, No.2, Pallavan Salai, Chennai 600 002.

N.SATHISH KUMAR.J., kmk