R.Soundara Rajan, Cr 3513 v. The Managing Director
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 17.08.2023
CORAM:
THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR WP.No.24137 of 2023 R.Soundara Rajan ... Petitioner Vs
1. Tamil Nadu State Transport Corporation [Villupuram] Ltd., 3/136, Salamedu, Villupuram - 605 602.
2. The General Manager, Tamil Nadu State Transport Corporation [VPM] Ltd., Tiruvannamalai Region, Vengikal, Tiruvannamalai - 606 604.
3. 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 the Article 226 of Constitution of India, to issue a Writ of Mandamus directing the respondents to settle one time payment of entire retirement benefits of the petitioner i.e. provident Fund, Gratuity, Commutation Fund, Leave Encashment 1/5
College Fund, SSS Fund and other attendant benefits and enhanced dearness allowances within a specified time.
For Petitioner : Ms.S.Vasanthi For Respondents : Mr.R.Venkatesa Perumal - R1 & R2 Mr.C.S.K.Sathish - R3
ORDER
This Writ Petition has been filed to direct the respondents to settle one time payment of entire retirement benefits of the petitioner i.e. provident Fund, Gratuity, Commutation Fund, Leave Encashment, College Fund, SSS Fund and other attendant benefits and enhanced dearness allowances within a specified time.
2. The contention of the petitioner is that he retired from service on 30.09.2022 itself. However, his terminal benefits such as Provident Fund, Gratuity, Commutation Fund, Leave Encashment, College Fund, SSS Fund and other attendant Benefits and enhanced dearness allowances have not been paid to the petitioner. Hence, seeks a 2/5
direction to the respondents to settle his terminal benefits along with interest at the rate of 10% interest for belated payment of retiral benefits.
3. Heard the learned counsel for the petitioner, Mr.R.Venkatesa Perumal, learned counsel appearing for the first and second respondents and Mr.C.S.K.Sathish, learned counsel appearing for the third respondent.
4. 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 petitioner is entitled for interest at the rate of 4% per annum on the belated payment of the terminal benefits.
5. Accordingly, the first respondent is directed to pay terminal benefits, viz, provident Fund, Gratuity, Commutation Fund, Leave Encashment, College Fund, SSS Fund and other attendant benefits and 3/5
enhanced dearness allowances along with interest at the rate of 4% per annum 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.
17.08.2023 Index:Yes/No vrc To,
1. Tamil Nadu State Transport Corporation [Villupuram] Ltd., 3/136, Salamedu, Villupuram - 605 602.
2. The General Manager, Tamil Nadu State Transport Corporation [VPM] Ltd., Tiruvannamalai Region, Vengikal, Tiruvannamalai - 606 604.
3. The Administrator Tamil Nadu State Transport Corporation Employees Post Retirement Welfare Fund Trust, Thiruvalluvar House, Pallavan Salai, Chennai - 600 002. 4/5
N.SATHISH KUMAR, J.
vrc WP.No.24137 of 2023 17.08.2023 5/5