P.Selvam Staff No. Cr 2946 v. Tamil Nadu State Transport Corporation (Salem)Ltd
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 03.11.2022
CORAM
THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE P.Selvam, Staff No.CR2946 ... 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, to pay the amounts towards 30 days of earned leave surrendered by the petitioner, while he was in service and to settle the amounts payable under the Social Security Scheme, Family Benefit Fund, IRT Contributions 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 ...
Ms.H.Nandhini 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 the respondent to pay the petitioner interest at the rate of 12% per annum for the belated payment of his PF, gratuity, and earned leave salary, to pay the amounts towards 30 days of earned leave surrendered by the petitioner, while he was in service and to settle the amounts payable under the Social Security Scheme, Family Benefit Fund, IRT Contributions and to refund of contributions under the Post Retirement Benefit Scheme together with interest at the rate of 12% p.a.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 both parties, this Writ Petition is taken up for final hearing.
3. The petitioner has given a representation on 13.06.2022 seeking for payment of interest for the belated payment of his PF, gratuity, and earned leave salary, to pay the amounts towards 30 days of earned leave surrendered by the petitioner, while he was in service and to settle the amounts payable under the Social Security Scheme, Family Benefit Fund, IRT 2/5
Contributions and to refund of contributions under the Post Retirement Benefit Scheme. Though the petitioner retired from service on 30.06.2018 itself, the respondent had settled the retirement benefits to the petitioner only on 22.09.2019 without interest. Since the representation has not been considered till date, he has filed this writ petition.
4. No prejudice would be caused to the respondent, 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 respondent.
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 for the belated payment of PF, gratuity, and earned leave salary, to pay the amounts towards 30 days of earned leave surrendered by the petitioner, while he was in service and to settle the amounts payable under the Social Security Scheme, Family Benefit Fund, IRT Contributions and to refund of contributions under the Post Retirement Benefit Scheme together with interest at the rate of 12% p.a., within a period of twelve weeks from the 3/5
date of receipt of a copy of this order.
6. With the aforesaid direction, the Writ Petition is disposed of. No costs.
03.11.2022 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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