D.Kumar v. The Managing Director

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 01.12.2023

CORAM:

THE HONOURABLE MR. JUSTICE M.S. RAMESH D.Kumar

...Petitioner

Vs.

1. The Managing Director Tamilnadu State Transport Corporation (Villupuram) Ltd., 3/137, Salamedu Villupuram - 605 602

2. The General Manager Tamil Nadu State Transport Corporation (Villupuram) Ltd., Cuddalore Region No.2, Imperial Road Cuddalore Cuddalore District - 607 002

3. The Administrator Tamil Nadu State Transport Corporation Employees Pension Fund Trust No.2, 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, directing the respondents to pay interest to the petitioner at the rate of 10% per annum for the belated payment of gratuity, Leave Salary and commutation of pension to the 1/5

petitioner.

For Petitioner : Mr.S.T.Varadarajalu For Respondents : Mr.R.Venkatesa Perumal Standing Counsel for R1& R2 Mr.CSK.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 petitioner herein had retired from service on 29.02.2020 on attaining the age of superannuation. However, his terminal benefits came to be settled belatedly on 02.06.2021 and the respondent has not paid interest for the belated payment. In this regard, the petitioner has given a representation to the respondent on 04.10.2023, 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 2/5

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 oft the petitioner, the ends of justice could be secured.

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 29.02.2020 to 02.06.2021, 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.

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To

1. The Managing Director Tamilnadu State Transport Corporation (Villupuram) Ltd., 3/137, Salamedu Villupuram - 605 602

2. The General Manager Tamil Nadu State Transport Corporation (Villupuram) Ltd., Cuddalore Region No.2, Imperial Road Cuddalore Cuddalore District - 607 002

3. The Administrator Tamil Nadu State Transport Corporation Employees Pension Fund Trust No.2, Pallavan Salai, Chennai - 600 002 4/5

M.S.RAMESH,J.

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