P.Venkatesan, 61801 v. The Managing Director

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 01.11.2023

CORAM:

THE HONOURABLE MR.JUSTICE M.S.RAMESH P.Venkatesan

...Petitioner

-Vs1. The Managing Director, Tamil Nadu State Transport Corporation (VPM) Ltd., 3/136, Salamedu, Villupuram 605 602.

2. The General Manager, Tamil Nadu State Transport Corporation (VPM) Ltd., Kancheepuram Region, Kancheepuram 631 552.

3. 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 to direct 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 30.04.2018 to 31.08.2019, i.e., 489 days on Provident Fund, Gratuity, Earned leave, Commuted Pension and other retirement benefits 1/4

and last month 10 days Salary, within a specified time. For Petitioner : Ms.S.Vasanthi For Respondents : Ms.S.Pavithra Standing Counsel For R.1 and R.2 : Mr.C.S.K.Sathish Standing Counsel For R.3

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, who was serving as Special Grade Conductor under the respondent Corporation, had retired from service on 30.04.2018 on reaching the age of superannuation. However, his retirement benefits came to be settled only on 31.08.2019. The petitioner had given a representation on 18.09.2023, seeking for interest on the belated payment of the retirement benefits, 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 2/4

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 to the petitioner, from the date of his retirement till the date of actual disbursement, i.e. between 30.04.2018 and 31.08.2019, within a period of four 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. 01.11.2023 Index:Yes/No Internet:Yes/No sr M.S.RAMESH,J.

sr 3/4

To

1. The Managing Director, Tamil Nadu State Transport Corporation (VPM) Ltd., 3/136, Salamedu, Villupuram 605 602.

2. The General Manager, Tamil Nadu State Transport Corporation (VPM) Ltd., Kancheepuram Region, Kancheepuram 631 552.

3. The Administrator, Tamil Nadu State Transport Corporation, Employees Post Retirement Welfare Fund Trust, Thiruvalluvar House, Pallavan Salai, Chennai 600 002.

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