D.Uma Selvi v. The General Manager

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 03.10.2023

CORAM:

THE HONOURABLE MR. JUSTICE M.S. RAMESH D.Uma Selvi

...Petitioner

Vs.

The General Manager, Tamil Nadu State Transport Corporation (Villupuram) Ltd., Vellore Region, Rangapuram, Vellore - 632 009.

...Respondent

PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondent to pay interest at 10% for the belated payment of Gratuity and Leave Salary to the petitioner For Petitioner : Mr.S.T.Varadarajalu For Respondent : Mr.R.Venkatesa Perumal, Standing Counsel 1/4

ORDER

With the consent of both the parties, this Writ Petition is taken up for final disposal at the admission stage itself.

2. The petitioner herein had retired from service on 30.04.2019 on reaching the age of superannuation. However, her terminal benefits came to be settled belatedly on 22.01.2021 and the respondent had not paid the interest for the belated payments, for which the petitioner has given representation on 29.03.2023, which is yet to be considered.

3. 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. In this background, this Court is of the view that the petitioner would be entitled for interest at the rate of 4% per annum on the belated payment of the terminal benefits.

4. In the light of the above observations, there shall be a direction to the respondent herein to pay interest at the rate of 4% per annum on 2/4

the belated payment of the terminal benefits from the date of the petitioner's retirement till the date of actual payment, i.e. from 30.04.2019 to 22.01.2021, within a period of four (4) weeks from the date of receipt of a copy of this order.

5. With the above direction, the Writ Petition stands disposed of. No costs.

03.10.2023 Index:Yes/No Speaking order/Non-speaking order hvk To The General Manager, Tamil Nadu State Transport Corporation (Villupuram) Ltd., Vellore Region, Rangapuram, Vellore - 632 009.

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M.S.RAMESH,J.

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