A.Rajan v. The Managing Director
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 18.08.2023 CORAM :
THE HONOURABLE MR. JUSTICE N. SATHISH KUMAR 1.A.Rajan 2.S.Arivazhagan 3.R.Haridoss 4.A.Ponnurangam 5.S.Muralidharan 6.M.Damodaran 7.P.Kumaradoss 8.A.GopalaKrishnan 9.K.Thyagarayam 10.S.Sekar 11.A.Gnanasekaran 12.N.K.Madavan 13.S.Karthikeyan 14.R.Mani 15.K.Ramadoss 16.K.Loganathan 17.S.Sivasankar ... Petitioners Vs.
1.The Managing Director, Metropolitan Transport Corporation (Chennai) Ltd., No.2, Anna Salai, Chennai - 600 002.
2.The Administrator, Tamil Nadu State Transport Corporation Employees Pension Fund Trust, No.2, Pallavan Salai, Chennai - 600 002.
... Respondents
Prayer : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus to direct the respondents to pay interest @ 10% for the belated payment of terminal benefits inclusive of Commutation to the petitioners.
For Petitioners : Mr.S.T.Varadarajalu For R1 : Mr.A.Vinodhraj For R2 : Mr.C.S.K.Sathish
O R D E R
This writ petition has been filed to direct the respondents to pay interest @ 10% for the belated payment of terminal benefits inclusive of Commutation to the petitioners.
2.It is the case of the petitioners that they retired from the respondent Corporation, however, their retirement benefits, inclusive of Commutation, were settled belatedly on the following dates : Petitioners Date of Retirement Date of settlement A.Rajan 30.04.2022 23.05.2023 S.Arivazhagan 31.05.2022 23.05.2023 R.Haridoss 31.05.2022 23.05.2023 A.Ponnurangam 30.06.2022 23.05.2023 S.Muralidharan 30.06.2022 23.05.2023
Petitioners Date of Retirement Date of settlement M.Damodaran 30.06.2022 23.05.2023 P.Kumaradoss 30.06.2022 23.05.2023 A.GopalaKrishnan 30.06.2022 23.05.2023 K.Thyagarayam 30.06.2022 23.05.2023 S.Sekar 31.08.2022 23.05.2023 A.Gnanasekaran 31.07.2022 23.05.2023 N.K.Madavan 31.07.2022 23.05.2023 S.Karthikeyan 31.07.2022 23.05.2023 R.Mani 30.11.2021 23.05.2023 K.Ramadoss 30.09.2022 23.05.2023 K.Loganathan 31.03.2018 04.10.2023 S.Sivasankar 31.03.2022 10.03.2023 Therefore, it is the contention of the petitioners that the petitioners are eligible for interest on the belated payment of their retirement benefits. Hence, the petitioners seek interest at the rate of 10% per annum for the belated payment of their retirement benefits. 3.Heard the learned counsel for the petitioners, Mr.A.
Vinodhraj, learned counsel, who takes notice for the 1st respondent and Mr.C.S.K.Sathish, who takes notice for the 2nd respondent. 4.This Court, in various decisions, have already taken a view that, in all cases of belated payment of terminal benefits, the concerned employee would be entitled to interest at the rate of 4% per annum.
Hence, this Court is of the view that the petitioners are entitled to interest at the rate of 4% per annum on the belated payment of the terminal benefits.
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 inclusive of Commutation, 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, this writ petition is disposed of. No costs.
18.08.2023 mkn Internet : Yes Index : Yes / No Speaking order / Nonspeaking order
To 1.The Managing Director, Metropolitan Transport Corporation (Chennai) Ltd., No.2, Anna Salai, Chennai - 600 002.
2.The Administrator, Tamil Nadu State Transport Corporation Employees Pension Fund Trust, No.2, Pallavan Salai, Chennai - 600 002.
N. SATHISH KUMAR, J.
mkn 18.08.2023