K.Kamaraj Tr1289 v. The Managing Director
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 13.10.2023
CORAM:
THE HONOURABLE MR. JUSTICE M.S. RAMESH K.Kamaraj
...Petitioner
Vs.
1.The Managing Director, Tamil Nadu State Transport Corporation (Villupuram) Ltd., No.3/136, Salamedu, Villupuram - 605 602.
2.The Administrator, Tamil Nadu State Transport Corporation Employees post Retirement Welfare Fund Trust, Thiruvalluvar 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 6% per annum for the belated payment of retirement benefits for the period of 30.06.2022 to 18.06.2023 i.e., 354 days on Provident Fund, Gratuity, Earned Leave, Commuted Pension and other retirement benefits. 1/4
For Petitioner : Ms.S.Vasanthi For R1 : Mr.R.Venkatesa Perumal, Standing Counsel Fro R2 : Mr.C.S.K.Sathish, Standing Counsel
ORDER
With the consent of both the parties, this Writ Petition is taken up for final disposal at the stage of admission itself.
2. The petitioner herein had retired from service on 30.06.2022 on reaching the age of superannuation. However, his terminal benefits came to be settled belatedly on 18.06.2023 and the respondents had not paid the interest for the belated payments, for which the petitioner has given representation to the first respondent on 14.09.2023, 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 2/4
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 first respondent herein to pay interest at the rate of 4% per annum on the belated payment of the terminal benefits from the date of the petitioner's retirement till the date of actual payment, i.e. from 30.06.2022 to 18.06.2023, 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.
13.10.2023 Index:Yes/No Speaking order/Non-speaking order hvk 3/4
M.S.RAMESH,J.
hvk To 1.The Managing Director, Tamil Nadu State Transport Corporation (Villupuram) Ltd., No.3/136, Salamedu, Villupuram - 605 602.
2.The Administrator, Tamil Nadu State Transport Corporation Employees post Retirement Welfare Fund Trust, Thiruvalluvar House, Pallavan Salai, Chennai - 600 002.
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