T.Vijayakumar - 14061 v. Tamil Nadu State Transport Corporation (Villupuram) Ltd.,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 18.08.2023 CORAM :
THE HONOURABLE MR. JUSTICE N. SATHISH KUMAR T.Vijayakumar ... Petitioner in W.P.No.24351 of 2023 E.Mani ... Petitioner in W.P.No.24352 of 2023 R.Chokkalingam ... Petitioner in W.P.No.24353 of 2023 M.Subramanyam ... Petitioner in W.P.No.24355 of 2023 Vs.
1.Tamil Nadu State Transport Corporation (Villupuram) Ltd., Represented by the Managing Director, 3/137, Salamedu, Valudhareddy Post, Villupuram - 605 602.
2.Tamil Nadu State Transport Corporation (Villupuram) Ltd., Represented by the General Manager, Kancheepuram Regional Office, Karapettai, Chennai Bangaluru Highway, Kancheepuram - 631 552.
3.The Administrator, Tamil Nadu State Transport Corporation Employees Pension Fund Trust, Thiruvalluvar House, Pallavan Salai, Chennai - 600 002.
... Respondents in W.P.No.24351 of 2023 1.Tamil Nadu State Transport Corporation (Villupuram) Ltd., Represented by the Managing Director, 3/137, Salamedu, Valudhareddy Post, Villupuram - 605 602.
2.Tamil Nadu State Transport Corporation (Villupuram) Ltd., Represented by the General Manager, Kancheepuram Regional Office, Ponnerikarai, Chennai Bangaluru Highway, Kancheepuram - 631 552.
3.The Administrator, Tamil Nadu State Transport Corporation Employees Pension Fund Trust, Thiruvalluvar House, Pallavan Salai, Chennai - 600 002.
... Respondents in W.P.Nos.24352, 24353 & 24355 of 2023 Common Prayer : Writ Petitions filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus to direct the respondents to pay interest amounts to the belatedly paid Provident Fund, Leave Liability, Service Gratuity and Commutation of Pension amount to the petitioner at the rate of 4% per annum for 12 months of delayed
payment in accordance with the order dated 03.07.2023 made in W.P.No.19221 of 2023.
For Petitioner : Mr.N.Ishak in all writ petitions For R1 and R2 : Mr.R.Venkatesa Perumal in all writ petitions For R3 : Mr.C.S.K.Sathish in all writ petitions C O M M O N O R D E R These writ petitions have been filed to direct the respondents to pay interest amount to the belatedly paid Provident Fund, Leave Liability, Service Gratuity and Commutation of Pension amount to the petitioners at the rate of 4% per annum for the delayed period in accordance with the order dated 03.07.2023 made in W.P.No.19221 of 2023. 2.It is the case of the petitioners that they retired from the respondent Corporation, however, their retirement benefits, viz., Provident Fund, Leave Liability, Service Gratuity and Commutation of Pension were settled belatedly as follows :
Petitioner in Date of Retirement Date of settlement W.P.No.24351 of 2023 31.05.2022 30.05.2023 W.P.No.24352 of 2023 31.05.2022 30.05.2023 W.P.No.24353 of 2023 31.05.2022 30.05.2023 W.P.No.24355 of 2023 31.05.2022 30.05.2023 Therefore, it is the contention of the petitioners that the petitioners are eligible for interest on the belated payment of their retirement benefits, viz., Provident Fund, Leave Liability, Service Gratuity and Commutation of Pension. Hence, the petitioners seek interest at the rate of 4% for the belated payment of their retirement benefits. 3.Heard the learned counsel for the petitioners, Mr.R.Venkatesa Perumal, learned counsel, who takes notice for the respondents 1 and 2 and Mr.C.S.K.Sathish, learned counsel, who takes notice for the 3rd 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 retirement 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.
18.08.2023 mkn Internet : Yes Index : Yes / No Speaking order / Nonspeaking order To 1.The Managing Director, Tamil Nadu State Transport Corporation (Villupuram) Ltd., 3/137, Salamedu, Valudhareddy Post, Villupuram - 605 602.
2.The General Manager, Tamil Nadu State Transport Corporation (Villupuram) Ltd., Kancheepuram Regional Office, Ponnerikarai, Chennai Bangaluru Highway, Kancheepuram - 631 552.
3.The General Manager, Tamil Nadu State Transport Corporation (Villupuram) Ltd., Kancheepuram Regional Office, Karapettai, Chennai Bangaluru Highway, Kancheepuram - 631 552.
4.The Administrator, Tamil Nadu State Transport Corporation Employees Pension Trust, Thiruvalluvar House, Pallavan Salai, Chennai - 600 002.
N. SATHISH KUMAR, J.
mkn W.P.Nos.24351, 24352, 24353 & 24355 of 2023 18.08.2023