S.John Nelson v. The Managing Director

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 16.10.2023

CORAM:

THE HONOURABLE MR. JUSTICE M.S. RAMESH S. John Nelson ... Petitioner Vs.

1.The Managing Director, Tamil Nadu State Transport Corporation (Villupuram) Ltd., No.3/137, Salamedu, Villupuram, Villupuram District - 605 602.

2.The Administrator, Tamil Nadu State Transport Corporation Employees Pension Fund Trust, No.2, 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 interest @ 10% for the belated payment of Gratuity, Leave Salary and commutation of pension amount to the petitioner. For Petitioner : Mr.S.T. Varadarajulu For Respondents : Mr.R. Venkatesh Perumal, Standing Counsel [R1] 1/4

Mr.C.S.K. Sathish, Standing Counsel [R2]

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 31.05.2019 on reaching the age of superannuation. However, his terminal benefits came to be settled belatedly and the respondents have not paid the interest for the belated payment, for which the petitioner has given representation on 15.09.2023, 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 entitled for interest at the rate of 4% per annum on the belated payment of the terminal benefits.

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4. In the light of the above observations, there shall be a direction to the respondents 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, 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.

16.10.2023 Index:Yes/No Speaking order/Non-speaking order Internet: Yes/No Sni To 1.The Managing Director, Tamil Nadu State Transport Corporation (Villupuram) Ltd., No.3/137, Salamedu, Villupuram, Villupuram District - 605 602.

2.The Administrator, Tamil Nadu State Transport Corporation Employees Pension Fund Trust, No.2, Pallavan Salai, Chennai - 600 002.

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M.S.RAMESH,J.

Sni 16.10.2023 4/4