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Madras High CourtWP/27863/2023disposed of

M.Tirunavukkarasu Cr 3444 v. The Managing Director

2023-09-26Honourable Mr Justice N. Sathish Kumar5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 26.09.2023

CORAM:

THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR WP.No.27863 of 2023 M.Thirunavukkarasu ... Petitioner Vs

1. The Managing Director, Tamil Nadu State Transport Corporation [VPM] Ltd.,, 3/136, Salamedu, Villupuram - 605 602.

2. The Administrator, Tamil Nadu State Transport Corporation Employees Post Retirement Welfare Fund Trust, Pallavan Salai, Chennai - 600 002.

... Respondents Prayer:- Writ Petition filed, under the Article 226 of Constitution of India, to issue a Writ of Mandamus directing the respondents to pay the interest to the petitioner at the rate of 6 percent per annum for the belated payment of retirement benefits for the period of 30.06.2022 to 18.06.2023 i.e 354 days on Provident Fund Earned Leave Commuted Pension and other retirement benefits within a specified time. 1/5

For Petitioner : Ms.S.Vasanthi For Respondents : Mr.R.Venkatesa Perumal - R1 Mr.C.S.K.Sathish - R2

ORDER

This Writ Petition has been filed to direct the respondents to pay the interest to the petitioner at the rate of 6 percent per annum for the belated payment of retirement benefits for the period of 30.06.2022 to 18.06.2023 i.e 354 days on Provident Fund, Earned Leave, Commuted Pension and other retirement benefits within a specified time.

2. It is the case of the Writ Petitioner that he retired from service on 30.06.2022. The grievance of the petitioner is that his Provident Fund, Earned Leave, Commuted Pension and other retirement benefits have been settled to the petitioner belatedly on 18.06.2023. Hence, the petitioner is claiming interest at the rate of 6% on belated payment of terminal benefits to the petitioner. In this regard, the petitioner has given a representation to the respondents on 26.08.2023. However, the same 2/5

has not been considered by the respondents. Hence, the present Writ Petition has been filed seeking 6% interest on belated payment of terminal benefits.

3. Heard Ms.S.Vasanthi, learned counsel for the petitioner, Mr.R.Venkatesa Perumal, learned counsel appearing for the first respondent and Mr.C.S.K.Sathish, learned counsel appearing for the second 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 respondents are directed to pay interest at the rate of 4% per annum on the belated payment of the terminal benefits to 3/5

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.

26.09.2023 Index:Yes/No vrc To,

1. The Managing Director, Tamil Nadu State Transport Corporation [VPM] Ltd.,, 3/136, Salamedu, Villupuram - 605 602.

2. The Administrator, Tamil Nadu State Transport Corporation Employees Post Retirement Welfare Fund Trust, Pallavan Salai, Chennai - 600 002.

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N.SATHISH KUMAR, J.

vrc WP.No.27863 of 2023 26.09.2023 5/5