Madras High CourtWP/25360/2023disposed of

K.Saravana Kumar v. The General Manager

2023-08-29Honourable Mr Justice N. Sathish Kumar4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 29.08.2023

CORAM

THE HONOURABLE MR. JUSTICE N.SATHISH KUMAR K.Saravana Kumar .. Petitioner

Versus

The General Manager Tamil Nadu State Government Corporation Salem Limited (12 Radhakrishnan Road) Salem - 636 001 .. Respondent Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondent to pay the pending "Provident Fund" dues along with 12% realisation of the amount as per the petitioner representation dated 05.06.2023. For Petitioner : Mr.K.V.Dhanapalan For Respondent : Mr.K.Raja

ORDER

This Writ Petition has been filed seeking to direct the respondent to pay the pending "Provident Fund" dues along with 12% realisation of the amount as per the petitioner representation dated 05.06.2023. 1/4

2. It is the case of the Writ Petitioner that he retired from his service on 03.02.2021. The grievance of the petitioner is that provident fund dues along with the interest are not paid. In this regard, the petitioner has given a representation dated 05.06.2023 to the respondents, however, the same has not been considered by the respondents. Hence, the present Writ Petition.

3. Heard Mr.K.V.Dhanapalan, learned counsel for the petitioner and Mr.K.Raja, learned counsel for the respondent.

4. The learned counsel for the respondents submitted that they would release the eligible amount to the petitioner.

5. 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.

6. Accordingly, the respondent is directed to pay the eligible amount along with interest at the rate of 4% per annum on the belated payment of the 2/4

terminal 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.

7. With the above direction, this Writ Petition is disposed of. No costs. 29.08.2023 dhk Index:Yes/No Internet: Yes/No To, The General Manager Tamil Nadu State Government Corporation Salem Limited (12 Radhakrishnan Road) Salem - 636 001 N.SATHISH KUMAR, J.

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