T.Manoharan v. The Managing Director
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 17.11.2023
CORAM:
THE HONOURABLE MR. JUSTICE M.S. RAMESH T. Manoharan ... 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 payment of his Surrender Leave Salary, Gratuity and commutation 1/4
amount within a time limit to be stipulated by this Court. For Petitioner : Mr.J. Lakshminarayanan For R1 & R2 : Mrs.Pavithra, Standing Counsel For R3 : Mr.C.S.K. Sathish, Standing Counsel
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 31.01.2019. However, his terminal benefits came to be settled belatedly on 19.09.2019 and the respondents have not paid interest for the belated payment. In this regard, the petitioner has given representation to the respondents on 27.09.2023, 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 2/4
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 respondents are directed to pay interest on the belated payment of the terminal benefits of the petitioner, the ends of justice could be secured.
4. In the light of the above observations, there shall be a direction to the respondents 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, 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.
17.11.2023 Speaking/Non-speaking Order Index:Yes/No Internet: Yes/No Sni 3/4
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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