Madras High CourtWP/28799/2022disposed of

M. Paramasivam Staff No. Cr 2666 v. Tamil Nadu State Transport Corporation (Salem) Limited

2022-11-01Honourable Mr Justice Abdul Quddhose5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 01.11.2022

CORAM

THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE M.Paramasivam, (Staff No.CR 2666) ... Petitioner Vs Tamil Nadu State Transport Corporation (Salem) Ltd., rep. by its Managing Director, No.12, Ramakrishna Road, Salem - 7.

... Respondent Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus directing the respondents to pay the petitioner interest at the rate of 12% per annum for the belated payment of his PF, gratuity and earned leave salary and to settle the amounts payable under the Social Security Scheme, Family Benefit Fund, IRT Contribution and to refund of contributions under the Post Retirement Benefit Scheme together with interest at the rate of 12% within a specified time as may be fixed by this Court.

For Petitioner ...

Mr.V.Porkodi For Respondent ...

Mr.K.Raja, Standing Counsel for TNSTC 1/5

O R D E R

This writ petition has been filed for a Mandamus seeking for a direction to pay interest at the rate of 12% for the belated payment of PF, gratuity and earned leave salary and to settle the amounts payable under the Social Security Scheme, Family Benefit Fund, IRT Contribution and to refund of contributions under the Post Retirement Benefit Scheme together with interest at the rate of 12% within a specified time as may be fixed by this Court.

2. Heard the learned counsel for the petitioner, Mr.K.Raja, learned Standing Counsel accepts notice on behalf of the respondent. By consent of the parties, the main writ petition has been taken up for final disposal.

3. The petitioner has given a representation on 13.06.2022 seeking for payment of interest at the rate of 12% for the belated payment of PF, gratuity and earned leave salary and to settle the amounts payable under the Social Security Scheme, Family Benefit Fund, IRT Contribution and to refund of contributions under the Post Retirement Benefit Scheme together 2/5

with interest at the rate of 12% . Though the petitioner retired from service on 30.06.2019 itself, the respondent had settled the retirement benefits to the petitioner only on 22.01.2021. Since the representation has not been considered till date, he has filed this writ petition.

4. No prejudice would be caused to the respondents, if the petitioner's representation is considered on merits and in accordance with law. It is settled law as laid down by various decisions of this Court that in case of delayed payment of retirement benefits, the employee is entitled for 4% interest. While passing the final order, the same may be considered by the respondents.

5. For the forgoing reasons, this Court directs the respondent to pass final orders on the petitioner's representation dated 13.06.2022 seeking for payment of interest at the rate of 12% for the belated payment of PF, gratuity and earned leave salary and to settle the amounts payable under the Social Security Scheme, Family Benefit Fund, IRT Contribution and to refund of contributions under the Post Retirement Benefit Scheme together with interest 3/5

at the rate of 12%, within a period of twelve weeks from the date of receipt of a copy of this order.

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

01.11.2022 Index: Yes/ No Speaking Order/Non-speaking Order vsi To Tamil Nadu State Transport Corporation (Salem) Ltd., rep. by its Managing Director, No.12, Ramakrishna Road, Salem - 7.

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ABDUL QUDDHOSE, J.

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