S.Kandasamy,(Staff No.Jo6541) v. Tamil Nadu State Transport Corporation (Coimbatore) Ltd.,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 05.01.2024 CORAM :

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN S.Kandasamy

...Petitioner in W.P.No.36220 of 2023

K.Rajakrishnan

...Petitioner in W.P.No.36225 of 2023

D.Siva

...Petitioner in W.P.No.36227 of 2023

P.Pachiannan

...Petitioner in W.P.No.36228 of 2023

V.Sampath

...Petitioner in W.P.No.36229 of 2023

-VsTamil Nadu State Transport Corporation (Coimbatore) Ltd., Erode Region rep. by its Managing Director Mettupalayam Road Coimbatore - 641 043.

...Respondent in all W.P.s

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Common Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing the respondent to pay the petitioner interest for the belated payment of P.F., earned leave salary and Gratuity, at the rate of 12% p.a, within a specified time as may be fixed by this Court.

For petitioners in all W.P.s : Mr.V.Ajoy Khose For respondent in all W.P.s : Mr.C.Gowthamraj Standing Counsel

ORDER

These writ petitions have been filed for a direction directing the respondent to pay appropriate interest to the petitioners for the delayed sanction and disbursement of retirement benefits.

2. Heard the learned counsel appearing for the petitioners and the learned Government Advocate appearing for the respondent and perused the materials available on record.

3. In identical issues, this Court has passed various orders, 2/6

justifying the payment of interest to the aggrieved pensioners and in the order dated 13.12.2019 in W.P.(MD).No.26481 of 2019, the following order came to be passed : - ''5. I am not in agreement with the said representation made. There was already a duty cast on the respondent Corporation to pay the terminal benefits on the date of retirement itself and the very fact that the belated disbursement of retirement benefit, had already put the retired employee to serious prejudice, entertaining the present request for disbursement of the interest on the belated payment in installments, could cause further prejudice to the retired employee.

6. In the light of the above observations, there shall be a direction to the respondent / Corporation to pay the penal interest at the rate of 6% per annum on the belated payment of the retirement benefits for the period from the date of the retirement, till the date of the actual disbursement, as expeditiously as possible and in any event, not before the expiry of three month from the date of receipt of a copy of this order.

4. This Court is of the view that the respondent could be directed 3/6

to pay the interest on the belated payment, at the rate of 6% per annum, as ordered in the above writ petition.

5. In the light of the above findings, there shall be a direction to the respondent herein to pay the interest on the belated payment of the terminal benefits to the petitioners at the rate of 6% per annum, commencing from the date of the retirement, till the date of actual disbursement, within a period of eight weeks from the date of receipt of copy of this order.

6. With the above direction, these Writ Petitions are disposed of. No costs.

05.01.2024 Index : Yes/No Internet: Yes/No gvn To The Managing Director, Tamil Nadu State Transport Corporation 4/6

(Coimbatore) Ltd., Erode Region, Mettupalayam Road Coimbatore - 641 043.

G.K.ILANTHIRAIYAN,J.

gvn 5/6

W.P.Nos.36220, 36225 & 36227 to 36229 of 2023 05.01.2024 6/6