S.Radha C R 3421 v. The Managing Director

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 11.12.2023

CORAM

THE HONOURABLE MR.JUSTICE M.S.RAMESH S.Radha ... Petitioner Vs.

1.The Managing Director, Tamil Nadu State Transport Corporation [VPM] Ltd., 3/136, Salamedu, Valudhareddy Post, Villupuram - 605 602.

2.The Administrator, Tamil Nadu State Transport Corporation Employees Post Retirement Welfare Fund Trust, Tiruvallur House, Pallavan Salai, Chennai - 600 002.

... Respondents Prayer: Writ Petition has been filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the respondents to pay the interest to the petitioner at the rate of 8% per annum for the belated payment of retirement benefits for the period of 30.06.2022 to 30.05.2023 i.e., 335 days on Provident Fund, Gratuity, Earned Leave, Commuted Pension and other retirement benefits, within a specified time. For Petitioner : M/s.S.Vasanthi

For R1 : Mr.R.Venkatesa Perumal Standing Counsel For R2 : Mr.C.S.K.Sathish Standing Counsel

O R D E R

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 30.06.2022 on reaching the age of superannuation. However, his terminal benefits, i.e., Provident Fund, Gratuity, Earned Leave Salary, Commuted Pension and other retirement benefits came to be settled belatedly on 30.05.2023 and the respondents have not paid interest for the belated payment. In this regard, the petitioner has given a representation to the respondents on 26.10.2023, 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 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 1st 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, 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.

11.12.2023 Jeni Index : Yes / No Speaking order / Non-speaking order

To 1.The Managing Director, Tamil Nadu State Transport Corporation [VPM] Ltd., 3/136, Salamedu, Valudhareddy Post, Villupuram - 605 602.

2.The Administrator, Tamil Nadu State Transport Corporation Employees Post Retirement Welfare Fund Trust, Tiruvallur House, Pallavan Salai, Chennai - 600 002.

M.S.RAMESH , J.

Jeni 11.12.2023