Madras High Court
R.Ramadass vs Tamil Nadu State Transport Corporation ... on 23 November, 2023
Author: M.S.Ramesh
Bench: M.S. Ramesh
W.P.No.33010 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 23.11.2023
CORAM:
THE HONOURABLE MR. JUSTICE M.S. RAMESH
W.P.No.33010 of 2023
R.Ramadass ...Petitioner
Vs.
Tamil Nadu State Transport Corporation (Salem) Ltd.,
Rep. By its The Managing Director
No.12, Ramakrishna Road
Salem - 7 ...Respondent
PRAYER: Writ Petition filed under Article 226 of the Constitution of
India praying to issue a Writ of Mandamus, directing the respondent to
pay the petitioner interest at the rate of 12% per annum for the belated
payment of the petitioner's PF, gratuity and earned leave salary with
interest at the rate of 12% within a specified time as may be fixed by this
Court.
For Petitioner : Mr.R.Krishnaswamy
For Respondent : Mr.K.Raja
Standing Counsel
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https://www.mhc.tn.gov.in/judis
W.P.No.33010 of 2023
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 30.06.2022 on superannuation. However, his terminal benefits came to be settled belatedly on 22.05.2023 and the respondent has not paid interest for the belated payment. In this regard, the petitioner has given a representation to the respondent on 19.06.2023, 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 respondent is directed to pay interest on the belated payment of the terminal benefits of the petitioner, the ends of justice could be secured. 2/4 https://www.mhc.tn.gov.in/judis W.P.No.33010 of 2023
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 30.06.2022 to 22.05.2023, 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.
23.11.2023 Index:Yes/No Speaking order/Non-speaking order gpa To Tamil Nadu State Transport Corporation (Salem) Ltd., Rep. By its The Managing Director No.12, Ramakrishna Road Salem - 7 3/4 https://www.mhc.tn.gov.in/judis W.P.No.33010 of 2023 M.S.RAMESH,J.
gpa W.P.No.33010 of 2023 23.11.2023 4/4 https://www.mhc.tn.gov.in/judis