Madras High Court
S.Vijayakumar vs The Tamil Nadu State Transport ... on 3 September, 2021
Author: D.Krishnakumar
Bench: D.Krishnakumar
W.P.(MD) No.15809 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 03.09.2021
CORAM:
THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR
W.P.(MD)No.15809 of 2021
S.Vijayakumar ... Petitioner
vs.
1.The Tamil Nadu State Transport Corporation (Tirunelveli) Ltd.,
Tirunelveli Division,
Represented by its Managing Director,
Kattapomman Nagar, V.M.Chathiram,
Tirunelveli.
2.The Tamil Nadu State Transport Corporation (Tirunelveli) Ltd.,
Nagercoil Region,
Represented by its General Manager,
Ranithottam, Nagercoil. ... Respondents
PRAYER: Writ Petitions filed under Article 226 of the Constitution of India for
issuance of Writ of Mandamus, directing the respondents to pay interest at the
rate of 12% per annum, for the period of delay from the petitioner's date of
retirement (30.04.2020) to till the date of reimbursement (02.06.2021) of the
amount paid towards the terminal and pension benefits namely EPF Employee's
Contribution, Gratuity, Encashment of Earned/Sick Leaves and the other
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W.P.(MD) No.15809 of 2021
monetary benefits etc., within a time frame as may be fixed by this Court, without
affecting the petitioner's right to claim the balance amounts towards those
benefits.
For Petitioner : Mr.R.Murugan
For Respondents : Mr.R.Rajamohan,
Standing counsel
*****
ORDER
This petition has been filed seeking for issuance of a Writ of Mandamus, directing the respondents to pay interest at the rate of 12% per annum, for the period of delay from the petitioner's date of retirement (30.04.2020) to till the date of reimbursement (02.06.2021) of the amount paid towards the terminal and pension benefits namely EPF Employee's Contribution, Gratuity, Encashment of Earned/Sick Leaves and the other monetary benefits etc., within a time frame as may be fixed by this Court, without affecting the petitioner's right to claim the balance amounts towards those benefits.
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2. Heard the learned counsel appearing for the petitioner and the learned Standing Counsel appearing for the respondents.
3. By consent of both parties, this writ petition is taken up for final disposal at the admission stage itself.
4. The petitioner is a retired employee of the first respondent transport corporation. The petitioner retired from service on 30.04.2020. The respondents have settled the retirement benefits to the petitioner only on 02.06.2021.
5. According to the petitioner, the issues involved in the present writ petition are that the respondents had settled the aforesaid amount belatedly, after a delay of 1 year and the respondents have also not paid interest for the belated payment to the petitioner. Hence, the petitioner has made a representation to the concerned authorities to pay interest at the rate of 6 % per annum. The petitioner has also relied on the decision of the earlier writ petition of this court in W.P. (MD)No.19950 of 2020 dated 04.01.2021, J. Gurumoorthy vs TNSTC (Kumbakonam) Ltd. In the above referred judgement, this Court has fixed the 3/6 https://www.mhc.tn.gov.in/judis/ W.P.(MD) No.15809 of 2021 rate of interest at 6 % per annum for the belated payment of retirement benefits. On the same line, orders to be in the present Writ Petition.
6. Mr.R.Rajamohan, learned Standing Counsel appearing for the respondents 1 & 2 would submit that the respondents had settled the retirement benefit to the petitioner belatedly. Therefore, the petitioner is entitled for the interest as decided in the earlier writ petition of this Court in W.P.(MD).No.19950 of 2020.
7. In the light of the above observations and with the consent of both parties, there shall be a direction to the respondents 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 actual disbursement, as expeditiously as possible and in any event, within a period of four months from the date of receipt of a copy of this order, subject to the condition that if the petitioner has not already given up his right for claiming interest in the retirement benefits.
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8. With the above direction, the writ petition stands disposed of. No costs.
03.09.2021 Index : Yes / No Internet : Yes dn To
1.The Tamil Nadu State Transport Corporation (Tirunelveli) Ltd., Tirunelveli Division, Represented by its Managing Director, Kattapomman Nagar, V.M.Chathiram, Tirunelveli.
2.The Tamil Nadu State Transport Corporation (Tirunelveli) Ltd., Nagercoil Region, Represented by its General Manager, Ranithottam, Nagercoil.
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dn Order made in W.P.(MD) No.15809 of 2021 03.09.2021 6/6 https://www.mhc.tn.gov.in/judis/