Madras High CourtWP/25208/2023disposed of

P.Palaniappan, v. The Managing Director

2023-08-28Honourable Mr Justice G.K. Ilanthiraiyan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.08.2023

CORAM

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN W.P.Nos.25208 of 2023 P.Palaniappan ... Petitioner -Vs1. The Managing Director, Tamil Nadu State Transport Corporation (Salem) Limited, No.12 Ramakrishna Road, Salem-636 007.

2. The Administrator, Tamil Nadu State Transport Corporation, Employees Post Retirement Welfare Fund Trust, Thiruvalluvar House, Pallavan Salai, Chennai 600 002.

... Respondents Prayer:- Writ Petition filed under Article 226 of Constitution of India for the issuance of Writ of Mandamus, directing the respondents to disburse the belated payment of interest amount of Provident Fund, Gratuity, Commutation and Earned Leave Salary and other benefits Arrears Earned Leave Surrender for the year of 2009-2012 & 20162017), ERBS Pension amount and 10 days Salary with effect from 01.06.2022.

For Petitioner : Mr.N.Desinghu For R1 : Mr. K.Raja For R2 : Mr. C.S.K.Sathish

ORDER

This Writ Petition has been filed seeking to direct the respondents to pay the petitioner interest at the rate of 12% per annum for the belated payment of interest amount of Provident Fund, Gratuity, Commutation and Earned Leave Salary and other benefits.

2. It is the case of the writ petitioner that he joined in the respondent Corporation on 20.10.1997 and had retired from his service on 31.05.2022. It is the grievance of the writ petitioner that the respondent paid retiral benefits viz., Provident Fund, Earned Leave and Commuted Pension and Earned Leave Salary belatedly without any interest. Hence, he made a representation on 14.07.2023 requesting the respondents to pay interest at the rate of 12% per annum for retiral benefits viz., Provident Fund, Earned Leave, Commutation, Earned Leave Salary and other unsettled terminal benefits and the same has not been considered. Hence, this writ petition.

3. It is the contention of the learned counsel for the petitioner that though certain retirement benefits have been paid and the same have been paid belatedly and still other the terminal benefits have not been paid. The retirement benefits have not been paid on time, which is the last source of income to the retired employee.

4. In such view of the matter, the respondents Corporation is directed to pay 4% interest per annum for the belated payments of retirement benefits paid to the petitioner and also directed to disburse the unpaid terminal benefits, if any, within a period of two months from the date of receipt of a copy of this order, with interest at the rate of 4% per annum for delayed period.

5. With the above direction, this Writ Petition stands disposed of. There shall be no order as to costs.

28.08.2023 Internet : Yes Index : Yes/No Lpp

G.K.ILANTHIRAIYAN, J.

Lpp To

1. The Managing Director, Tamil Nadu State Transport Corporation (Salem) Limited, No.12 Ramakrishna Road, Salem-636 007.

2. The Administrator, Tamil Nadu State Transport Corporation, Employees Post Retirement Welfare Fund Trust, Thiruvalluvar House, Pallavan Salai, Chennai 600 002.

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