Raja Sundar. C v. Tamil Nadu State Transport Corporation (Vlpm) Ltd

W.P.(MD) No.17114 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.09.2021

CORAM

THE HONOURABLE MR.JUSTICE S.S.SUNDAR W.P.(MD) No.17114 of 2021 C.Raja Sundar ... Petitioner vs.

1.Tamil Nadu State Transport Corporation (VLPM) Ltd, Represented by its Managing Director, No.137, Salamedu, Vazhuthareddy Post, Viluppuram-605 602.

2.The Administrator, Tamil Nadu State Transport Corporation Employees Pension Fund Trust, Thiruvalluvar Illam, Pallavan Salai, Chennai-600 002.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, to direct the respondents to pay 6% interest for the belated payment of terminal benefits of Gratuity, Unavailed Leave salary and Commutation, payable to the petitioner from the date of his retirement ie., 31.07.2019, to till date of actual payment made to him ie., 21/22.01.2021 and all other attendant benefits to him within the stipulated period that may be fixed by this Court.

For Petitioner : Mr.A.K.Thangavelu For Respondents : Mr.J.Senthil Kumariah *****

O R D E R

This Writ Petition is filed to direct the respondents to pay 6% interest for the belated payment of terminal benefits of Gratuity, unavailed leave salary and commutation payable to the petitioner from the date of his retirement, ie., on 31.07.2019 to till the date of actual payment made to him, ie., 21/22.01.2021. 2.Heard Mr.A.K.Thangavelu, learned Counsel for the petitioner and Mr.J.Senthil Kumariah, learned Standing Counsel for the respondents.

3.By consent of both parties, the Writ Petition is taken up for final disposal at the stage of admission itself. https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD) No.17114 of 2021 4.The petitioner is a retired employee of the first respondent Transport Corporation. It is stated by the petitioner that he was retired from service on attaining the age of superannuation. Though terminal benefits payable to petitioner was settled, it is stated that there is a long delay. Hence, the petitioner has come forward with the present Writ Petition claiming interest for the belated payment of retirement benefits.

5.This Court, in similar circumstances, has awarded interest for the belated payment of terminal benefits. It is also admitted that uniformly, this Court has fixed the rate of interest at 6% per annum for the belated payment of terminal benefits. The learned Standing Counsel appearing for the respondent Corporation submitted that the payment of interest may be directed to be settled to the petitioner in six equal monthly instalments commencing from 05th of November 2021.

6.In view of the above, this Writ Petition is disposed of with the direction to the first respondent to pay interest at the rate of 6% per annum for the belated payment of retirement benefits for the period from the date when the amount fall due till the date of actual disbursement. The respondents shall calculate the interest forthwith and disburse the entire amount payable in six equal monthly instalments commencing from 05.11.2021. The entire payment should be completed before 05.04.2022. If there is any further delay in payment of interest, the interest will be at 8% per annum and it is also open to the petitioner to approach this Court for higher rate of interest, in case, the dues are not settled within one year from this date. No costs.

Sd/- Assistant Registrar (CS-II) // True Copy // / /2021 Sub Assistant Registrar(CS) tmg/cmr To 1.The Managing Director, Tamil Nadu State Transport Corporation (VLPM) Ltd, No.137, Salamedu, Vazhuthareddy Post,Viluppuram-605 602. 2.The Administrator, Tamil Nadu State Transport Corporation Employees Pension Fund Trust, Thiruvalluvar Illam, Pallavan Salai, Chennai-600 002.

+1 CC to M/s.A.K.THANGAVELU, Advocate (SR-30269[F] dated 24/09/2021 ) W.P.(MD) No.17114 of 2021 22.09.2021 RK (30.09.2021) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2