Madras High CourtWP/24232/2023disposed of

S.Sivakumar v. The General Manager

2023-08-17Honourable Mr Justice N. Sathish Kumar4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 17.08.2023

CORAM

THE HONOURABLE MR. JUSTICE N.SATHISH KUMAR 1.S.Sivakumar 2.K.Sampath Giri 3.D.Pichandi 4.G.Venkatesan 5.L.Nagarajan 6.S.Lakshmnan 7.P.Manoharan 8.S.Manoharan 9.D.Selvakumar 10.K.Narayanan 11.K.Gurunathan 12.R.Ravichandran 13.D.Dakshanamurthi .. Petitioners

Versus

1.The General Manager Tamil Nadu State Transport Corporation (Villupuram) Limited Thiruvannamalai Region Bye Pass Road, Vangikkal Thiruvannamalai - 606 604 2.The Administrator Tamil Nadu State Transport Corporation Employees Post Retirement Welfare 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 interest @ 10% for the belated payment of Gratuity, Leave Salary, Provident Fund and commutation of pension amount to the petitioners. 1/4

For Petitioners : Mr.S.T.Varadarajalu For Respondents : Mr.R.Venkatesa Perumal for R1 Mr.C.S.K.Sathish for R2

ORDER

This Writ Petition has been filed seeking to direct the respondents to pay interest @ 10% for the belated payment of Gratuity, Leave Salary, Provident Fund and commutation of pension amount to the petitioners.

2. It is the case of the writ petitioners that they had joined the respondents Corporation had retired from their services on 23.05.2023. It is the grievance of the writ petitioners that the respondents paid the retirement benefits such as gratuity, provident fund, leave salary and commutation amount belatedly without any interest. Hence, they made representations on 30.06.2023 requesting the respondents to pay interest for belated payments and other unsettled terminal benefits and the same has not been considered. Hence, this writ petition.

3. It is the contention of the learned counsel for the petitioners 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 2/4

income to the retired employee.

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 petitioners 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.

17.08.2023 vrc Index:Yes/No Internet: Yes/No 3/4

N.SATHISH KUMAR, J.

vrc To 1.The General Manager Tamil Nadu State Transport Corporation (Villupuram) Limited Thiruvannamalai Region Bye Pass Road, Vangikkal Thiruvannamalai - 606 604 2.The Administrator Tamil Nadu State Transport Corporation Employees Post Retirement Welfare Fund Trust Thiruvalluvar House Pallavan Salai, Chennai - 600 002 17.08.2023 4/4