Madras High CourtWP/24097/2023disposed of

E.Murugan v. The General Manager

2023-08-17Honourable Mr Justice N. Sathish Kumar5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 17.08.2023

CORAM:

THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR WP.No.24097 of 2023

1. E.Murugan

2. P.V.Chinnaiyan

3. M.Jilani

4. R.Nedunchezhiyan

5. T.Kanniappan

6. Dhanushkottai

7. R.Karunakaran

8. G.Anbuchezhayan 9.A.Rajendran 10.P.Murugesan 11.K.Purushothaman 12.S.Arokiyadas 13.C.Venkatesan 14.K.Poongvanam ... Petitioners Vs

1. The Managing Director, Tamil Nadu State Transport Corporation [Villupuram] Ltd., Thiruvannamalai Region, Bye Pass Road, Vangikkal, Thiruvannamalai - 606 604.

2. The Administrator, Tamil Nadu State Transport Corporation Employees Pension Fund Trust, Pallavan Salai, Chennai - 600 002.

... Respondents 1/5

Prayer:- Writ Petition filed, under the Article 226 of Constitution of India, to issue a Writ of Mandamus directing the respondents to pay interest @ 10 percent for the belated payment of Gratuity, Leave Salary, Provident Fund and commutation of pension amount to the petitioners. For Petitioners : Mr.S.T.Varadarajulu For Respondents : Mr.R.Venkatesa Perumal - R1 Mr.C.S.K.Sathish - R2

ORDER

This Writ Petition has been filed to direct the respondents to pay interest @ 10 percent 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 retired from service in year 2022. The grievance of the petitioners is that their terminal benefits such as Gratuity, Leave Salary, Provident and Commutation of Pension amount have been settled to the petitioners belatedly on 23.05.2023. Hence, the petitioners are claiming interest at the rate of 10% on belated payment of terminal benefits to the petitioners. In this 2/5

regard, the petitioners have given a representation to the respondents on 30.06.2023. However, the same has not been considered by the respondents. Hence, the present Writ Petition has been filed seeking 10% interest on belated payment of terminal benefits.

3. Heard Mr.S.T.Varadarajulu, learned counsel for the petitioners, Mr.R.Venkatesa Perumal, learned counsel appearing for the first respondent and Mr.C.S.K.Sathish, learned counsel appearing for the second 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 petitioners are entitled for interest at the rate of 4% per annum on the belated payment of the terminal benefits.

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5. Accordingly, the respondents are directed to pay interest at the rate of 4% per annum on the belated payment of the terminal benefits to the petitioners, from the date of their 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, these Writ Petitions are disposed of. No costs.

17.08.2023 Index:Yes/No vrc To,

1. The Managing Director, Tamil Nadu State Transport Corporation [Villupuram] Ltd., 3/137, Salamedu, Villupuram - 605 602.

2. The Administrator, Tamil Nadu State Transport Corporation Employees Pension Fund Trust, Pallavan Salai, Chennai - 600 002.

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N.SATHISH KUMAR, J.

vrc WP.No.24097 of 2023 17.08.2023 5/5