C.Veluswamy Staff. No. Jo7529, v. The Managing Director,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 21.11.2023
CORAM:
THE HONOURABLE MR. JUSTICE M.S. RAMESH & W.M.P.No.32329 of 2023
1. C.Veluswamy
2. K.Dorairaj
...Petitioners
Vs.
1. The Managing Director Tamil Nadu State Transport Corporation Ltd., 37, Mettupalayam Road Coimbatore - 43
2. The General Manager Tamil Nadu State Transport Corporation Ltd., Erode Region, Chennimalai Road Erode - 638 001
3. The Administrator Tamil Nadu State Transport Corporation Ltd., Thiruvalluvar House, Anna Salai Chennai - 2
...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 for the belated payment of Provident fund, Gratuity, Earned 1/5
Leave and Earned Leave Surrender at the rate of 12% per annum, within a specified time as may be fixed by this Court. For Petitioner : Mr.N.Senthil Kumar For Respondent : Mr.M.Murali Vinoth Standing Counsel for R1 and R2 Mr.C.S.K.Sathish Standing Counsel for 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 first and second petitioner had retired from service on 31.07.2015 and 31.05.2015 respectively on superannuation. However, their terminal benefits came to be settled belatedly but the respondents have not paid interest for the belated payment. In this regard, the petitioners have given representations to the respondents on 04.10.2023 and 12.10.2023, which are 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 2/5
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.
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 petitioners' 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. Consequently, connected miscellaneous petition is closed. 21.11.2023 Index:Yes/No Speaking order/Non-speaking order gpa 3/5
To
1. The Managing Director Tamil Nadu State Transport Corporation Ltd., 37, Mettupalayam Road Coimbatore - 43
2. The General Manager Tamil Nadu State Transport Corporation Ltd., Erode Region, Chennimalai Road Erode - 638 001
3. The Administrator Tamil Nadu State Transport Corporation Ltd., Thiruvalluvar House, Anna Salai Chennai - 2 4/5
M.S.RAMESH,J.
gpa 21.11.2023 5/5