N.Sekar (Staff No. C13502) v. Metropolitan Transport Corporation Ltd

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.08.2023

CORAM

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN W.P.No.25221 of 2023 N.Sekar ... Petitioner -Vs1. Metropolitan Transport Corporation Ltd., Rep by its Managing Director, No.2 Pallavan Salai, Chennai 600 002.

2. The Administrator, Tamil Nadu State Transport Employees, Pension Fund Trust, Thiruvalluvar Illam, Anna 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 pay the petitioner interest for the belated payment of P.F, earned leave salary, Gratuity and commuted value of pension at the rate of 12% per annum. For Petitioner : Mr. V.Porkodi For R1 : Mr. R. Balaji For R2 : Mr. C.S.K.Sathish

ORDER

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

2. It is the case of the writ petitioner that he joined in the respondent Corporation on 25.04.1988 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 belatedly without any interest. Hence, he made a representation on 20.06.2023 requesting the respondents to pay interest at the rate of 12% per annum for retiral benefits viz., Provident Fund, Earned Leave and Commuted Pension 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 (3/6) Internet : Yes Index : Yes/No Speaking order/Non-speaking order Lpp

G.K.ILANTHIRAIYAN, J.

Lpp To

1. The Managing Director, Metropolitan Transport Corporation Ltd., No.2 Pallavan Salai, Chennai 600 002.

2. The Administrator, Tamil Nadu State Transport Employees, Pension Fund Trust, Thiruvalluvar Illam, Anna Salai, Chennai 600 002.

W.P.No.25221 of 2023 28.08.2023 (3/6)