Madras High Court
Vijaya vs The Managing Director on 28 July, 2023
Author: N.Sathish Kumar
Bench: N.Sathish Kumar
W.P.No.22305 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 28.07.2023
CORAM:
THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR
WP.No.22305 of 2023
Vijaya ... Petitioner
Vs
1. The Managing Director,
Tamil Nadu State Transport Corporation [Villupuram] Ltd.,
Vazhuthareddy Post, Salamedu, Villupuram – 605 602.
2. The General Manager,
Tamil Nadu State Transport Corporation [Villupuram] Ltd.,
Vellore Region, Vazhuthareddy, Vellore.
3. The Administrator,
Tamil Nadu State Transport Corporation Employees
Post Retirement Benefit Fund Scheme,
Thiruvalluvar House, Pallavan Salai, Chennai – 600 002.
... Respondents
Prayer:- Writ Petition filed, under the Article 226 of Constitution of
India, to issue a Writ of Mandamus directing the respondents to disburse
the interest for belated payment of amount of Provident Fund, Gratuity,
1/5
https://www.mhc.tn.gov.in/judis
W.P.No.22305 of 2023
Earned Leave Salary, Pension Commutation along with interest at the
rate of 12% per annum within the stipulated time as may be fixed by this
Court.
For Petitioner : Mr.N.Desinghu
For Respondents : Mr.R.Venkatesa Perumal – R1 & R2
Mr.C.S.K.Sathish – R3
ORDER
This Writ Petition has been filed to direct the respondents to disburse the interest for belated payment of amount of Provident Fund, Gratuity, Earned Leave Salary, Pension Commutation along with interest at the rate of 12% per annum within the stipulated time as may be fixed by this Court.
2. It is the case of the Writ Petitioner that she retired from service on 20.01.2020 under Voluntary Retirement Scheme. It is the contention of the learned counsel that the terminal benefits were belatedly settled to the petitioner only on 01.12.2022. Therefore, the petitioner is eligible for interest on the belated payment of Provident Fund, Gratuity, Earned 2/5 https://www.mhc.tn.gov.in/judis W.P.No.22305 of 2023 Leave, Commuted Pension and other benefits. Hence, seeks interest at the rate of 12% p.a. for belated payment of retirement benefits of the petitioner.
3. Heard Mr.N.Desinghu learned counsel for the petitioner, Mr.R.Venkatesa Perumal, learned counsel appearing for the first and second respondents and Mr.C.S.K.Sathish, learned counsel appearing for the third respondent.
4. 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 4% per annum. Hence, this Court is of the view that the petitioner is entitled for interest at the rate of 4% per annum on the belated payment of the terminal benefits.
5. Accordingly, the first respondent is directed to pay interest at the rate of 4% per annum on the belated payment of the terminal benefits to 3/5 https://www.mhc.tn.gov.in/judis W.P.No.22305 of 2023 the petitioner, from the date of his retirement till the date of actual disbursement within a period of eight weeks from the date of receipt of a copy of this Order.
6. With the above direction, this Writ Petition is disposed of. No costs.
28.07.2023 Index:Yes/No Neutral Citation : Yes/No vrc To,
1. The Managing Director, Tamil Nadu State Transport Corporation [Villupuram] Ltd., 3/136, Salamedu, Villupuram – 605 602.
2. The General Manager, Tamil Nadu State Transport Corporation [Villupuram] Ltd., Vellore Region, Vazhuthareddy, Vellore.
3. The Administrator, Tamil Nadu State Transport Corporation Employees Post Retirement Benefit Fund Scheme, Thiruvalluvar House, Pallavan Salai, Chennai – 600 002. 4/5 https://www.mhc.tn.gov.in/judis W.P.No.22305 of 2023 N.SATHISH KUMAR, J.
vrc WP.No.22305 of 2023 28.07.2023 5/5 https://www.mhc.tn.gov.in/judis