Madras High CourtWP/26469/2023disposed of

P.Raja v. The Managing Director

2023-09-11Honourable Mr Justice N. Sathish Kumar4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 11.09.2023

CORAM

THE HONOURABLE MR. JUSTICE N.SATHISH KUMAR 1.P.Raja 2.E.Kannaiyan 3.K.Deenadayalan 4.P.Jayakumar 5.D.Jaganathan 6.V.Ravichandran 7.A.Jayakumar 8.S.Jayabalan 9.S.Nethaji 10.A.Sebastian 11.S.Seran 12.N.Ramasamy 13.C.M.Perumal 14.M.Subramniyam 15.R.Chandrasekar 16.P.Duraisamy 17.A.Viswanathan .. Petitioners

Versus

1.The Managing Director Tamil Nadu State Transport Corporation (Villupuram) Limited No.3/137, Salamedu, Vazatha Reddy PO Villpuram - 605 602 2.The General Manager Tamil Nadu State Transport Corporation (Villupuram) Limited Villupuram Region Villupuram 1/4

3.The Administrator Tamil Nadu State Transport Corporation Employees' Pension Fund Trust No.2, Pallavan Salai, Chennai - 600 002 .. Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents to pay interest @ 10% for the belated payment of Gratuity, Leave Salary, Provident Fund and Commutation of Pension amount to the petitioners. For Petitioner : Mr.S.T.Varadarajulu For Respondents : Mr.R.Venkatesa Perumal for R1 & R2 Mr.C.S.K.Sathish for R3

ORDER

This Writ Petition has been filed seeking to direct the respondents to pay interest @ 10% for the belated payment of Gratuity, Leave Salary, Provident Fund and Commutation of Pension amount to the petitioners.

2. It is the case of the writ petitioners that they joined the respondent Corporation and retired from their service during 2018on 31.05.2018. The grievance of the petitioner is that interest for the terminal benefits are not paid. In this regard, the petitioners have given representations to the respondents, however, the same have not been considered by the respondents. Hence, the present Writ Petition.

3. The learned counsel for the respondents submitted that they would release the eligible amount to the petitioner. 2/4

4. Heard both sides and perused the materials placed on record. 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.

5. Accordingly, the respondents are directed to pay the eligible amount along with interest at the rate of 4% per annum on the belated payment of the 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.

6. With the above direction, this Writ Petition is disposed of. No costs. 11.09.2023 dhk Index:Yes/No Internet: Yes/No 3/4

N.SATHISH KUMAR, J.

dhk To 1.The Managing Director Tamil Nadu State Transport Corporation (Villupuram) Limited No.3/137, Salamedu, Vazatha Reddy PO Villpuram - 605 602 2.The General Manager Tamil Nadu State Transport Corporation (Villupuram) Limited Villupuram Region Villupuram 3.The Administrator Tamil Nadu State Transport Corporation Employees' Pension Fund Trust No.2, Pallavan Salai, Chennai - 600 002 11.09.2023 (1/2) 4/4