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Madras High CourtWP/26756/2023disposed of

R.Dhamodaran v. The Managing Director

2023-09-13Honourable Mr Justice N. Sathish Kumar4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 13.09.2023

CORAM

THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR W.P.No.26756 of 2023 1.R.Dhamodaran 2.K.Gopannan 3.K.Bharathi 4.G.Venkatesan 5.C.Govindaraj 6.V.Muthazhagan 7.P.Parthasarathi 8.C.Rajendran 9.G.Gopu 10.V.Parthiban 11.P.Srinivasan 12.P.Karthikeyan ... Petitioners Vs.

The Managing Director, Tamil Nadu State Transport Corporation (Villupuram) Ltd., No.3/137, Salamedu, Vazhutha reddy, Villupuram - 605 602.

... Respondent PRAYER: Writ Petitions filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the respondent to pay interest @ 10% to the petitioner for the belated payment of Gratuity, Leave Salary and Provident Fund amount.

For Petitioners : Mr.S.T.Varadarajulu For Respondent : Mr.R.Venkatesa Perumal Page No.1 of 4

COMMON ORDER Writ Petition has been filed to direct the respondent to pay interest @ 10% for the belated payment of Gratuity, Leave Salary and Provident Fund amount to the petitioners.

2.The contention of the petitioners is that the petitioners retired from service on 31.05.2022 (Petitioners 1, 3, 5 to 8, 10 & 12), 30.11.2022 (2nd petitioner), 31.07.2022 (4th petitioner) and 30.09.2022 (petitioners 9 &

11) and their retirement benefits were belatedly settled to them on 26.06.2023. Therefore, the petitioners are eligible for interest on the belated payments of gratuity, leave salary and provident fund. Hence, seeks interest at the rate of 10% p.a. for belated payment of retirement benefits. 3.Heard Mr.S.T.Varadarajalu, learned counsel for the petitioners and Mr.R.Venkatesa Perumal, learned counsel for the respondent. 4.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 petitioners are entitled for interest at the Page No.2 of 4

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, this Writ Petitions is disposed of. No costs.

13.09.2023 Index : Yes/No Internet: Yes/No Speaking Order/Non-Speaking Order vv2 To The Managing Director, Tamil Nadu State Transport Corporation (Villupuram) Ltd., No.3/137, Salamedu, Vazhutha reddy, Villupuram - 605 602.

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N.SATHISH KUMAR , J.

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