P.Banu v. The State Of Tamil Nadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 12.09.2023 CORAM :
THE HONOURABLE MR. JUSTICE N. SATHISH KUMAR W.P.Nos.26570, 26577, 26579, 26582, 26583 and 26589 of 2023 W.P.No.26570 of 2023 :
P.Banu ... Petitioner 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 Prayer : Writ Petition 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 his representation, dated 20.07.2023, within a time to be stipulated by this
Court.
For Petitioner : Mr.L.Chandrakumar in all writ petitions For R1 : Mr.S.Arumugham Government Advocate 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 representations, within a time to be stipulated by this Court.
2.It is the case of the petitioners in W.P.Nos.26570, 26577, 26579, 26582, 26583 and 26589 of 2023 that they retired from the respondent Corporation on 31.06.2021, 30.09.2016, 30.09.2021, 31.07.2021, 31.10.2021 and 30.11.2022, respectively, however, their
retirement benefits, viz., Leave Salary, Provident Fund, Gratuity and Commutation, were settled only 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.S.Arumugham, learned Government Advocate, 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 entitled to separate fees in each case.
12.09.2023 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 Corporations Employees' Pension Fund Trust Thiruvalluvar Illam, Pallavan Salai, Chennai - 600 002.
N. SATHISH KUMAR, J.
mkn W.P.Nos.26570, 26577, 26579, 26582, 26583 & 26589 of 2023 12.09.2023