D.Palani v. The General Manager

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 26.09.2023

CORAM:

THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR WP.No.27909 of 2023 D.Palani ... Petitioner Vs

1. The General manager, Tamilnadu State Transport Corporation [Villupiram] Limited, Vellore Region, Rangapuram, Vellore - 632 009.

2. The Administrator, Tamil Nadu State Transport Corporation Employees Pension Fund Trust, No.2, 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 interest @ 10% for the belated payment of Gratuity, Leave Salary and commutation of pension amount to the petitioner. 1/5

For Petitioner : Mr.S.T.Varadarajulu 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 interest @ 10% for the belated payment of Gratuity, Leave Salary and commutation of pension amount to the petitioner.

2. It is the case of the Writ Petitioner that he retired from service on 31.03.2018. 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 03.11.2018. Hence, the petitioner is claiming interest at the rate of 10% on belated payment of terminal benefits to the petitioner. Hence, the present Writ Petition has been filed seeking 10% interest on belated payment of terminal benefits. 2/5

3. Heard Mr.S.T.Varadarajulu, 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 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.

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6. With the above direction, this Writ Petition is disposed of. No costs.

26.09.2023 Index:Yes/No vrc To,

1. The General manager, Tamilnadu State Transport Corporation [Villupiram] Limited, Vellore Region, Rangapuram, Vellore - 632 009.

2. The Administrator, Tamil Nadu State Transport Corporation Employees Pension Fund Trust, No.2, Pallavan Salai, Chennai - 600 002.

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N.SATHISH KUMAR, J.

vrc WP.No.27909 of 2023 26.09.2023 5/5