K. Venkatesan v. The Managing Director
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 18.10.2023
CORAM:
THE HONOURABLE MR. JUSTICE M.S. RAMESH K. Venkatesan ... Petitioner Vs.
1.The Managing Director, Tamil Nadu State Transport Corporation (Villupuram) Ltd., 3/137, Salamedu, Villupuram - 605 602.
2.The General Manager, Tamil Nadu State Transport Corporation (Villupuram) Ltd., Vellore Region, Rangapuram, Vellore - 632 009.
3.The Administrator, Tamil Nadu State Transport Corporations Employees' Pension Fund Trust, Thiruvalluvar Illam, Anna 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 to the petitioner at the rate of 8% per annum for the belated 1/4
payment of his Surrender Leave Salary, Gratuity & Commutation and at the rate of 8.1% p.a. for the belated payment of his Provident Fund amount, within a time limit to be stipulated by this Court. For Petitioner : Mr.J. Lakshmi Narayanan For Respondents : Mr.R. Venkatesaperumal, Standing Counsel [R1 & R2] Mr.C.S.K. Sathish, Standing Counsel [R3]
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 30.04.2022, on voluntary retirement. However, his terminal benefits came to be settled belatedly and the respondents have not paid the interest for the belated payments, for which the petitioner has given representation on 28.06.2023 and its reminder dated 09.07.2023, which are yet to be considered.
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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 6% per annum. In this background, this Court is of the view that the petitioner would be entitled for interest at the rate of 6% 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 respondents herein, to pay interest at the rate of 6% 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.
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M.S.RAMESH,J.
Sni To 1.The Managing Director, Tamil Nadu State Transport Corporation (Villupuram) Ltd., 3/137, Salamedu, Villupuram - 605 602.
2.The General Manager, Tamil Nadu State Transport Corporation (Villupuram) Ltd., Vellore Region, Rangapuram, Vellore - 632 009.
3.The Administrator, Tamil Nadu State Transport Corporations Employees' Pension Fund Trust, Thiruvalluvar Illam, Anna Salai, Chennai - 600 002.
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