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Madras High CourtWP/27226/2023disposed of

R.A.Dharmalingam v. M/S.Metropolitan Transport Corporation

2023-09-15Honourable Mr Justice N. Sathish Kumar4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 15.09.2023

CORAM

THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR R.A.Dharmalingam ... Petitioner

Versus

M/s.Metropolitan Transport Corporation, Rep. by its Managing Director, No.1, Pallavan, Salai, Chennai - 600002.

... Respondent PRAYER: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondent to settle a sum of Rs.2,02,872/- towards 6% interest for the belated settlement of terminal benefits to the petitioner herein by considering the representation of the petitioner dated 24.08.2023.

For Petitioner :

Mr.D.Soundar Raj For Respondent :

Mr.R.Balaji *****

ORDER

This Writ Petition has been filed to direct the respondent to settle a sum of Rs.2,02,872/- towards 6% interest for the belated settlement of terminal benefits to the petitioner herein by considering the representation of the petitioner, dated 24.08.2023.

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2.The contention of the petitioner is that the petitioner retired from service on 31.10.2022 and his retirement benefits were belatedly settled only on 23.05.2023. Therefore, the petitioner is eligible for interest on the belated payment of gratuity, provident fund and leave salary and other benefits. Hence, seeks interest at the rate of 6% p.a. for belated payment of his retirement benefits.

3.Heard Mr.D.Soundar Raj, learned counsel for the petitioner and Mr.R.Balaji, 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 petitioner is entitled for interest at the rate of 4% per annum on the belated payment of the terminal benefits. 5.Accordingly, the respondent is directed to pay interest at the rate of 4% per annum on the belated payment of the retirement benefits to the petitioner, from the date of his retirement till the date of actual disbursement Page No.2 of 4

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.

15.09.2023 Index : Yes/No Internet: Yes/No Speaking Order/Non-Speaking Order vv2 To The Managing Director, Metropolitan Transport Corporation, No.1, Pallavan, Salai, Chennai - 600002.

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N.SATHISH KUMAR , J.

vv2 15.09.2023 Page No.4 of 4