M.Sekar v. The Managing Director
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 27.09.2024
CORAM
THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH M.Sekar, CR 2913 .. Petitioner Vs.
1.The Managing Director, Tamil Nadu State Transport Corporation (VPM) Ltd., 3/137, Salamedu, Valudhareddy Post, Villupuram - 605 602.
2.The Administrator, Tamil Nadu State Transport Corporation Employees Post Retirement Welfare Fund Trust, Tiruvalluvar House, Pallavan Salai, Chennai - 600 002.
.. Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the respondents to pay the interest to the petitioner at the rate of 8% per annum for the belated payment of retirement benefits for the period of 31.08.2022 to 30.05.2023 i.e., 273 days on provident fund, gratuity, earned leave, commuted pension and other retirement benefits within a specified time. 1/5
For petitioner :
M/s.Yash Rathi R For R1 :
Mr.R.Venkatesa Perumal Standing Counsel For R2 :
Mr.C.S.K.Sathish Standing Counsel
O R D E R
This writ petition has been filed for the issue of writ of mandamus directing the respondents to pay the interest to the petitioner at the rate of 8% per annum for the belated payment of retirement benefits for the period of 31.08.2022 to 30.05.2023 i.e., 273 days on provident fund, gratuity, earned leave, commuted pension and other retirement benefits within a specified time.
2.The case of the petitioner is that he joined the service under the 1st respondent as Conductor in the year 1994 and retired from his service on 31.08.2022.
3.The grievance of the petitioner is that his terminal benefits were settled belatedly with a long delay of 273 days only on 30.05.2023 2/5
without any interest. Hence, the petitioner sent representation dated 20.11.2023 to the respondents seeking for payment of interest for the belated payment. Since the same did not evoke any response, the petitioner has come with the present writ petition for the relief sought for above.
4.Heard the learned counsel for the petitioner, learned Standing Counsel for the 1st respondent and the learned Standing Counsel for the 2nd respondent.
5.Taking into consideration the facts and circumstances of the case and the materials available on record, this writ petition is disposed of with a direction to the 2nd respondent Corporation to pay the eligible amount with interest at the rate of 6% per annum for the delay period in settling the terminal benefits. This payment shall be made within a period of six
(6) weeks from the date of receipt of a copy of this order. It is made clear that if the amount is not paid within the time frame fixed by this Court, it will fetch an interest at the rate of 12% per annum from the date on which the amount became due and payable till the date of actual 3/5
realisation.
6.The petitioner is directed to submit a fresh representation to the 2nd respondent along with a copy of this order. No costs. 27.09.2024 (1⁄2) krk Index : Yes / No Internet : Yes / No : Yes / No To 1.The Managing Director, Tamil Nadu State Transport Corporation (VPM) Ltd., 3/137, Salamedu, Valudhareddy Post, Villupuram - 605 602.
2.The Administrator, Tamil Nadu State Transport Corporation Employees Post Retirement Welfare Fund Trust, Tiruvalluvar House, Pallavan Salai, Chennai - 600 002.
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N.ANAND VENKATESH, J.
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