K.Boopathy v. The Managing Director
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 13.09.2023
CORAM
THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR 1.K.Boopathy ... Petitioner in W.P.No. 26743 of 2023 2.V.Ravichandran 3.P.Kumararaja 4.K.Rajendran ... Petitioners in W.P.No.26747 of 2023 Vs.
1.The Managing Director, Metropolitan Transport Corporation (Chennai) Ltd., 2, Pallavan Illam, Anna Salai, Chennai-600 002.
... Respondent in W.P.No.26743 of 2023 2.The General Manager, Tamil Nadu State Transport Corporation (Villupuram) Ltd., Thiruvannamalai Region, Bye Pass Road, Vengikkal, Thiruvannamalai-606 604.
3.The Administrator, Tamil Nadu State Transport Corporation, Employees Pension Trust Trust, Pallavan Salai, Chennai- 600 002.
... Respondents in W.P.No.26747 of 2023 PRAYER in W.P.No.26743 of 2023: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the respondent to pay the difference of amount in surrender leave amount as per the 13th wage settlement dated 01.04.2018 with 10% interest to petitioner. Page No.1 of 6
PRAYER in W.P.No.26747 of 2023: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the respondents to pay interest @ 10% to the petitioners for the belated payment of Gratuity, Leave Salary, Provident Fund and commutation of pension amount to the petitioners.
For Petitioners in both Writ Petitions :
Mr.S.T.Varadarajulu For Respondent in in W.P.No.26743 of 2023 :
Mr.R.Balaji For Respondents in W.P.No.26747 of 2023 :
Mr.R.Venkatesa Perumal-R1 Mr.C.S.K.Sathish-R2 COMMON ORDER W.P.No.26743 of 2023 has been filed to direct the respondent to pay the difference of amount in surrender leave as per the 13th wage settlement, dated 01.04.2018 with 10% interest to petitioner. 2.W.P.No.26747 of 2023 has been filed 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. 3.It is the case of the Writ Petitioner in W.P.No.26743 of 2023 that he retired from service on 30.09.2019. The grievance of the petitioner is that the 13th wage settlement benefit was not extended to the petitioner. Page No.2 of 6
Hence, the petitioner is claiming the difference in surrender leave. In this regard, the petitioner has given a representation to the respondents on 17.08.2023. However, the same has not been considered by the respondent. Hence, the present Writ Petition has been filed to settle the above amount along with 10% interest.
4.It is the case of the Writ Petitioners in W.P.No.26747 of 2023 that they retired from service under Voluntary Retirement Scheme on 26.07.2021 and their retirement benefits were belatedly settled to them on 30.03.2023, 28.03.2023 and 15.03.2023 respectively. Therefore, the petitioners are eligible for interest on the belated payments of gratuity, leave salary and commutation of pension. Hence, seeks interest at the rate of 10% p.a. for belated payment of retirement benefits. 5.Heard both sides and perused the entire materials. 6.The learned counsel for the respondents in both Writ Petitions submitted that they would release the eligible amount to the petitioners. Page No.3 of 6
7.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. 8.Accordingly, the respondents are directed to pay the eligible amount payable to the petitioners along with interest at the rate of 4% per annum on the belated payment of the terminal 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. 9.With the above direction, both Writ Petitions are disposed of. No costs.
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To 1.The Managing Director, Metropolitan Transport Corporation (Chennai) Ltd., 2, Pallavan Illam, Anna Salai, Chennai-600 002.
2.The General Manager, Tamil Nadu State Transport Corporation (Villupuram) Ltd., Thiruvannamalai Region, Bye Pass Road, Vengikkal, Thiruvannamalai-606 604.
3.The Administrator, Tamil Nadu State Transport Corporation, Employees Pension Trust Trust, Pallavan Salai, Chennai- 600 002.
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N.SATHISH KUMAR , J.
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