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Madras High CourtWP/35114/2023disposed of

A.Gopalakrishnan, Sr01090 v. The Managing Director

2024-01-02Honourable Mr Justice G.K. Ilanthiraiyan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 02.01.2024

CORAM:

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN A.Gopalakrishnan ... Petitioner Vs.

1.The Managing Director, Tamilnadu State Transport Corporation(VPM) Ltd., 3/136, Salamedu Valudhareddy Post, Villupuram 605 602 2.The General Manager, Tamilnadu State Transport Corporation(VPM) Ltd., Tiruvannamalai Region, Vengikkal, Tiruvannamalai 606 604 3.The Adminsitrator, Tamilnadu State Transport Corporation, Employees Post Retirement Welfare Fund Trust, Tiruvallur House, Pallavan Salai, Chennai 600 002 ... Respondents PRAYER: Writ petition is filed under Article 226 of the Constitution of India to issue 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 31.05.2022 to 30.05.2023 i.e.365 days on Provident Fund, Gratuity, Earned leave, Commuted Pension and other retirement benefits and last month 11 days salary, within a specified time. For Petitioner : Mr.S.Vasanthi For Respondents

For R1 & 2 : Mr.R.Venkatesha Perumal, Standing Counsel For R3 : Mr.C.K.K.Sathish, Standing Counsel

ORDER

This writ petition has been filed seeking to direct the respondents to pay the petitioner interest at the rate of 8% per annum for the belated payment of retirement benefits for the period of 31.05.2022 to 30.05.2023, i.e. 365 days on Provident Fund, Gratuity, Earned leave, Commuted Pension and other retirement benefits and last month 11 days salary.

2. It is the case of the writ petitioner that he joined in the first respondent Corporation on 03.07.1987 and had retired from his service on 31.05.2022. It is the grievance of the writ petitioner that the respondents paid retiral benefits viz., Provident Fund, Earned Leave and Commuted Pension belatedly without any interest. Hence, he made a representation on 10.11.2023 requesting the respondents to pay interest at the rate of 8% per annum for retiral benefits viz., Provident Fund, Earned Leave and Commuted Pension and the same has not been considered. Hence, this writ petition.

3. It is the contention of the learned counsel for the petitioner that though

retirement benefits have been paid and the same have been paid belatedly. The retirement benefits have not been paid on time, which is the last source of income to the retired employee.

4. In such view of the matter, the respondents Corporation is directed to pay 6% interest per annum for the belated payments of retirement benefits paid to the petitioner and also directed to disburse the unpaid terminal benefits, if any, within a period of two months from the date of receipt of a copy of this order, with interest at the rate of 6% per annum for delayed period.

5. With the above direction, this writ petition stands disposed of. There shall be no order as to costs.

02.01.2024 Index :Yes/No Internet : Yes/No Speaking order/non-speaking order lok G.K.ILANTHIRAIYAN, J.

lok To 1.The Managing Director, Tamilnadu State Transport Corporation(VPM) Ltd., 3/136, Salamedu Valudhareddy Post, Villupuram 605 602 2.The General Manager, Tamilnadu State Transport Corporation(VPM) Ltd., Tiruvannamalai Region, Vengikkal, Tiruvannamalai 606 604 3.The Adminsitrator, Tamilnadu State Transport Corporation, Employees Post Retirement Welfare Fund Trust, Tiruvallur House, Pallavan Salai, Chennai 600 002 02.01.2024