P.Ravi v. The Managing Director

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.08.2023

CORAM

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN P.Ravi ... Petitioner -VsThe Managing Director, Tamil Nadu State Transport Corporation (Villupuram-) Ltd., No.3/37, Salamedu, Villupuram, Villupuram District-605 602.

... Respondent Prayer:- Writ Petition filed under Article 226 of Constitution of India for the issuance of Writ of Mandamus, directing the respondent to pay interest @ 10% for the belated payment of Gratuity, P.F., Leave Salary to the petitioner. For Petitioner : Mr.S.T.Varadarajulu For Respondent : Mr.R.Venkatesa Perumal

ORDER

This Writ Petition has been filed directing the respondent to pay interest @ 10% for the belated payment of Gratuity, P.F., Leave Salary to the petitioner.

2. It is the case of the Writ Petitioner that the petitioner had retired from the respondent Corporation on 31.05.2022 and his retirement benefits were

belatedly settled only on 23.05.2023. Therefore, it is the contention of the learned counsel for the petitioner that the petitioner is eligible for interest on the belated payment of his retirement benefits, viz., Provident Fund, Gratuity, Leave Salary to the petitioner. Hence, the petitioner seeks interest at the rate of 10% p.a. for belated payment of retirement benefits of the petitioner.

3. Heard the learned counsel for the petitioner and the learned counsel for the respondents and perused the materials available on record.

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 respondent is directed to pay interest at the rate of 4% per annum on the belated payment of the retirement benefits 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 directions, this Writ Petition is disposed of. No costs. 22.08.2023 (2/4) Internet : Yes Index : Yes/No Speaking order/Non-speaking order mn/nsl

G.K.ILANTHIRAIYAN, J.

mn To The Managing Director, Tamil Nadu State Transport Corporation (Villupuram-) Ltd., No.3/37, Salamedu, Villupuram, Villupuram District-605 602.

22.08.2023