B.Sundaramurthy, Staff No.62016 v. The Managing Director
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 22.10.2024
CORAM
THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH B.Sundaramurthy ... Petitioner Vs.
1.The Managing Director, Tamilnadu State Transport Corporation [VPM] Ltd., Kancheepuram Region, No.3/137, Salamedu, Vazhudhu Reddy Post, Villupuram - 605 602.
2.The Administrator, Tamilnadu State Transport Corporation, Employees Post Retirement Welfare Fund Trust, Tiruvalluvar House, Pallavan Salai, Chennai - 600 002.
... Respondents Writ Petition filed under Article 226 of the Constitution of India seeking issuance of a Writ of Mandamus directing the respondents to pay interest to the petitioner at the rate of 8% per annum for the belated payment of retirement benefits for the period from 30.06.2022 to 30.05.2023 i.e., 335 days on Provident Fund, Gratuity, Earned Leave, Commuted Pension and other retirement benefits within a specified time. For Petitioner : Ms.R.Yash Rathi For Respondents : Mr.R.Venkatesa Perumal Standing Counsel [R1] Mr.C.S.K.Sathish Standing Counsel [R2] ***** 1/4
O R D E R
This writ petition has been filed seeking issuance of a writ of mandamus directing the respondents to pay interest to the petitioner at the rate of 8% per annum for the belated payment of retirement benefits for the period from 30.06.2022 to 30.05.2023 i.e., 335 days on Provident Fund, Gratuity, Earned Leave, Commuted Pension and other retirement benefits within a specified time.
2. Heard Ms.R.Yash Rathi, learned counsel for petitioner, Mr.R.Venkatesa Perumal, learned Standing Counsel appearing for first respondent and Mr.C.S.K.Sathish, learned Standing Counsel appearing for second respondent.
3. The case of the petitioner is that he was appointed as Conductor in the respondent transport corporation on 06.04.1998 and the petitioner had retired from service on 30.06.2022 on attaining the age of superannuation.
4. The grievance of the petitioner is that though the petitioner had retired from service on 30.06.2022, the terminal benefits have been 2/4
settled only on 30.05.2023 and no interest has been paid for the delay period. In view of the same, the petitioner submitted a representation dated 02.08.2024 to the respondents to pay interest for the delay period. Since the same was not considered, the present writ petition has been filed.
5. Taking into consideration the facts and circumstances of the case and the grievance expressed by the petitioner, there shall be a direction to the respondents to pay the eligible and admissible amount with interest at the rate of 6% p.a. for the belated payment to the petitioner 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 interest at the rate of 12% p.a. from the date on which the amount became due and payable till the date of actual realisation.
6. The petitioner is directed to submit a fresh individual representation to the respondents along with a copy of this order. 3/4
N.ANAND VENKATESH, J gm This Writ Petition is disposed of with the above direction. No costs.
22.10.2024 Index: Yes/no Speaking Order/Non-Speaking Order gm To 1.The Managing Director, Tamilnadu State Transport Corporation [VPM] Ltd., Kancheepuram Region, No.3/137, Salamedu, Vazhudhu Reddy Post, Villupuram - 605 602.
2.The Administrator, Tamilnadu State Transport Corporation, Employees Post Retirement Welfare Fund Trust, Tiruvalluvar House, Pallavan Salai, Chennai - 600 002.
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