R.Arul Francis Xavier v. The State Of Tamilnadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 30.08.2023 CORAM :
THE HONOURABLE MR. JUSTICE N. SATHISH KUMAR R.Arul Francis Xavier ... Petitioner in W.P.No.25407 of 2023 V.Dhayalamurthy ... Petitioner in W.P.No.25409 of 2023 M.Karunanidhi ... Petitioner in W.P.No.25410 of 2023 S.Kuppusamy ... Petitioner in W.P.No.25411 of 2023 Vs.
1.The State of Tamil Nadu represented by its Principal Secretary Transport Department, Fort St. George, Chennai - 600 009.
2.The Managing Director, State Express Transport Corporation (TN) Ltd., Chennai.
3.Tamil Nadu State Transport Corporations Employees' Pension Fund Trust Represented by its Administrator, Thiruvalluvar Illam, Pallavan Salai, Chennai - 600 002.
... Respondents in all writ petitions
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 at the rate of 6% per annum for the belated payment of Leave Salary, Provident Fund, Gratuity and Commutation, as sought for in their representation, dated 15.07.2023, within a time to be stipulated by this Court.
For Petitioner : Mr.L.Chandrakumar in all writ petitions For R1 : Mr.P.Baladhandayutham Special Government Pleader in all writ petitions For R2 : Mr.S.Sivasubramani 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 at the rate of 6% per annum to the petitioners for the belated payment of Leave Salary, Provident Fund, Gratuity and Commutation, as sought for in their representation, dated 15.07.2023, within a time to be stipulated by this Court.
2.It is the case of the petitioners in W.P.Nos.25407, 25409, 25410 and 25411 of 2023 retired from the respondent Corporation on 30.06.2022, 31.05.2022, 31.05.2022 and 30.06.2022, respectively, however, their retirement benefits, viz., Leave Salary, Provident Fund, Gratuity and Commutation, were settled belatedly. Therefore, it is the contention of the petitioners that the petitioners are eligible for interest on the belated payment of their retirement benefits, viz., Leave Salary, Provident Fund, Gratuity and Commutation . Hence, the petitioners seek interest at the rate of 6% per annum for the belated payment of their retirement benefits.
3.Heard the learned counsel for the petitioners, Mr.P.Baladhandayutham, learned Special Government Pleader, who takes notice for the 1st respondent, Mr.S.Sivasubramani, learned counsel, who takes notice for the 2nd respondent 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.
7.The learned counsel for the respondents are permitted to claim separate fees for each writ petition.
30.08.2023 mkn Internet : Yes Index : Yes / No Speaking order / Nonspeaking order
To 1.The Principal Secretary State of Tamil Nadu, Transport Department, Fort St. George, Chennai - 600 009.
2.The Managing Director, State Express Transport Corporation (TN) Ltd., Chennai.
3.The Administrator, Tamil Nadu State Transport Corporation Employees' Pension Fund Trust, Thiruvalluvar Illam, Pallavan Salai, Chennai - 600 002.
N. SATHISH KUMAR, J.
mkn W.P.Nos.25407, 25409, 25410 & 25411 of 2023 30.08.2023