Madras High CourtWP/23995/2023disposed of

S.Muthukrishnan, Dr 2187 v. The Managing Director

2023-08-16Honourable Mr Justice N. Sathish Kumar4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 16.08.2023

CORAM

THE HONOURABLE MR. JUSTICE N.SATHISH KUMAR S.Muthukrishnan .. Petitioner

Versus

1.The Managing Director Tamil Nadu State Transport Corporation (Villupuram) Limited 3/136, Salamedu Villupuram - 605 602 2.The General Manager Tamil Nadu State Transport Corporation (Villupuram) Limited Tiruvannamalai Region Vengikal, Tiruvannamalai - 606 604 3.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 12% per annum for the belated payment of retirement benefits for the period of 26.07.2021 to 27.03.2023, i.e., 609 days on Provident Fund, Gratuity, Earned Leave and Commuted Pension. For Petitioner : M/s.S.Vasanathi For Respondents : Mr.R.Venkatesaperumal for R1 & R2 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 12% per annum for the belated payment of retirement benefits for the period of 26.07.2021 to 27.03.2023, i.e., 609 days on Provident Fund, Gratuity, Earned Leave and Commuted Pension.

2. It is the case of the writ petitioner that he joined in the respondent Corporation and had voluntarily retired from his service on 26.07.2021. It is the grievance of the writ petitioner that the respondents paid the retirement benefits such as Provident Fund, Gratuity, Earned Leave, Commuted Pension and other retirement benefits belatedly without any interest. Hence, he made a representation requesting the respondents to pay interest at the rate of 6% per annum for Provident Fund, Gratuity, Earned Leave, Commuted Pension and other retirement 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 retirement benefits have not been paid on time, which is the last source of income to the retired employee.

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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.

16.08.2023 dhk Index:Yes/No Internet: Yes/No To 1.The Managing Director Tamil Nadu State Transport Corporation (Villupuram) Limited 3/136, Salamedu Villupuram - 605 602 2.The General Manager Tamil Nadu State Transport Corporation (Villupuram) Limited Tiruvannamalai Region Vengikal, Tiruvannamalai - 606 604 N.SATHISH KUMAR, J.

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dhk 3.The Administrator Tamil Nadu State Transport Corporation Employees Pension Fund Trust Thiruvalluvar House Pallavan Salai, Chennai - 600 002 16.08.2023 4/4