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Madras High CourtWP/31772/2023disposed of

G.Raja (Dr 3380) v. Tamil Nadu State Transport Corporation (Salem) Ltd.,

2023-11-07Honourable Mr Justice M.S. Ramesh4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 07.11.2023

CORAM:

THE HONOURABLE MR. JUSTICE M.S. RAMESH G.Raja

...Petitioner

Vs.

Tamil Nadu State Transport Corporation (Salem) Ltd., Rep. By its The Managing Director No.12, Ramakrishna Road Salem - 7

...Respondent

PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondent to pay the petitioner interest at the rate of 12% per annum for the belated payment of the petitioner's PF, gratuity and earned leave salary with interest at the rate of 12% within a specified time as may be fixed by this Court.

For Petitioner : Mr.R.Krishnaswamy For Respondent : Mr.K.Raja Standing Counsel 1/4

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 21.03.2021. However, his terminal benefits came to be settled belatedly on 01.12.2022 and the respondent has not paid interest for the belated payment. In this regard, the petitioner has given a representation to the respondent on 19.06.2023, 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 6% per annum. In this background, this Court is of the view that if the respondent is directed to pay interest on the belated payment of the terminal benefits of the petitioner, the ends of justice could be secured. 2/4

4. In the light of the above observations, there shall be a direction to the \respondent herein to settle the interest amount 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, i.e., from 21.03.2021 to 01.12.2022, 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.

07.11.2023 Index:Yes/No Speaking order/Non-speaking order gpa To Tamil Nadu State Transport Corporation (Salem) Ltd., Rep. By its The Managing Director No.12, Ramakrishna Road Salem - 7 3/4

M.S.RAMESH,J.

gpa 07.11.2023 4/4