Madras High CourtWP/27477/2023disposed of

Y.Dhandapani v. The Managing Director

2023-09-20Honourable Mr Justice N. Sathish Kumar4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 20.09.2023

CORAM

THE HONOURABLE MR. JUSTICE N.SATHISH KUMAR Y.Dhandapani .. Petitioner

Versus

1.The Managing Director The Tamil Nadu State Transport Corporation (Villupuram) Limited No.3/1, Salamedu Vizhupuram - 605 602 .. Respondent Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondent to pay interest @ 10% for the belated payment of Gratuity, P.F, Leave Salary to the petitioner. For Petitioner : Mr.S.T.Varadarajulu For Respondent : Mr.R.Venkatesaperumal

ORDER

This Writ Petition has been filed seeking to direct the respondent to pay interest @ 10% for the belated payment of Gratuity, P.F, Leave Salary to the petitioner.

2. It is the case of the Writ petitioner that he retired from his service 1/4

during on 31.05.2022. The grievance of the petitioner is that interest for the belated payment of Gratuity, P.F. and Leave Salary amounts are not paid. In this regard, the petitioner has given representation to the respondent on 23.08.2023, however, the same have not been considered by the respondent. Hence, the present Writ Petition.

3. Heard Mr.S.T.Varadarajulu, learned counsel for the petitioner and Mr.R.Venkatesaperumal, learned counsel for the first respondent and Mr.C.S.K.Sathish, learned counsel appearing for the second respondent.

4. The learned counsel for the respondent submitted that they would release the eligible amount to the petitioner.

5. 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.

6. Accordingly, the respondent are directed to pay the eligible amount 2/4

payable to the petitioner 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 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.

7. With the above direction, this Writ Petition is disposed of. No costs. 20.09.2023 dhk Index:Yes/No Internet: Yes/No To 1.The Managing Director The Tamil Nadu State Transport Corporation (Villupuram) Limited No.1/137, Salamedu Vizhupuram - 605 602 N.SATHISH KUMAR, J.

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