J.Soundara Pandiyan v. The Managing Director

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 30.11.2023

CORAM:

THE HONOURABLE MR.JUSTICE M.S.RAMESH 1.J.Soundara Pandiyan 2.S.Madasamy 3.K.Sivakumar 4.C.Govindaraj

...Petitioners

-VsThe Managing Director, Metropolitan Transport Corporation (Chennai)Ltd., No.2, Anna Salai, Chennai-600 002.

...Respondent

PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus to direct the respondent to pay interest at the rate of 10% per annum for the belated payment of petitioners' Provident Fund, Gratuity and Earned Leave Salary within the time frame to be fixed by this Court. For Petitioners : Mr.S.T.Varadarajulu For Respondent : Mr.A.Vinothraj Standing Counsel

ORDER

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With the consent of both the parties, this writ petition is taken up for final disposal at the admission stage itself.

2. The petitioners herein, who were serving as Driver, Conductors and Technical Staff under the respondent Corporation, had retired from service voluntarily on 31.12.2021 (K.Sivakumar), 30.06.2022 (S.Madasamy and C.Govindaraj) and 31.05.2022 (J.Soundara Pandiyan). However, their provident fund, leave salary and gratuity were paid only after one year. Therefore, the petitioners had given representations on 20.10.2023 (J.Soundara Pandiyan); 21.10.2023 (K.Sivakumar), 22.09.2023(C.Govindaraj), seeking for interest on the belated payment of the retirement benefits, which is yet to 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 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 2/4

respondent herein to pay interest at the rate of 6% per annum on the belated payment of the terminal benefits to the petitioners, from the date of their retirement till the date of actual disbursement, 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. 30.11.2023 2/2 Index:Yes/No Internet:Yes/No sr To The Managing Director, Metropolitan Transport Corporation (Chennai)Ltd., No.2, Anna Salai, Chennai-600 002.

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M.S.RAMESH,J.

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