Madras High Court
R.Ramadass vs The Management Of on 15 March, 2021
Author: M.S.Ramesh
Bench: M.S.Ramesh
W.P.(MD) No.5757 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 15.03.2021
CORAM:
THE HONOURABLE MR.JUSTICE M.S.RAMESH
W.P.(MD) No.5757 of 2021
R.Ramadass ... Petitioner
Vs
1.The Management of
Tamilnadu State Transport Corporation (Madurai) Ltd.,
Madurai Region,
Rep. by its Managing Director,
Madurai.
2.The Administrator,
Tamil Nadu State Transport Employees' Pension Fund Trust,
Thiruvalluvar Illam,
Anna Salai,
Chennai-2. ... 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
interest at the rate of 18% per annum, for the period of delay from
01.06.2019 to 24.01.2021, in paying the amounts paid towards the
terminal and pension benefits of the petitioner namely EPF Employee's
Contribution, Gratuity, Encashment of Earned /Sick Leaves and
Commutated Value of Pension within a time frame as may be fixed by
this Court and without affecting his right to claim balance amounts
towards those benefits.
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W.P.(MD) No.5757 of 2021
For Petitioner : Mr.S.Arunachalam
For R-1 : Mr.J.Senthilkumaraiah
Standing Counsel
For R-2 : Mr.A.Swaminathan
Standing Counsel
ORDER
By consent of both parties, this writ petition is taken up for final disposal at the stage of admission itself.
2.Aggrieved against the belated settlement of the terminal benefits to the petitioner, he has claimed interest on the belated payment in this Writ Petition.
3.In an identical issues, this Court has passed various orders, 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 2/6 http://www.judis.nic.in W.P.(MD) No.5757 of 2021 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 actual disbursement, as expeditiously as possible and in any event, not before the expiry of three months from the date of receipt of a copy of this order.
4.This Court is of the view that the respondents could be directed to pay the interest on the belated payment, at the rate of 6% per annum, as ordered in the above Writ Petition.
5.At this juncture, Mr.J.Senthilkumaraiah, learned Standing Counsel appearing for the respondent Corporation would submit that owing to the Covid-19 pandemic situation and non-plying of buses for a 3/6 http://www.judis.nic.in W.P.(MD) No.5757 of 2021 considerable time, there has been a heavy revenue loss for the Corporation and therefore, the period of payment spread over three months as, ordered in the earlier Writ Petition, can be extended, so as to enable them to pay the interest amount, within a period of six months.
6.The learned counsel for the petitioner also does not have any objections to the same.
7.In this background, there shall be a direction to the respondents to pay the interest to the petitioner at the rate of 6% per annum on the belated payment of the retirement benefits, commencing from the date of retirement, till the date of actual disbursement, within a period of six months from the date of receipt of a copy of this order.
8.This Writ Petition stands allowed in accordance with the above terms. No costs.
15.03.2021 Index : Yes / No Internet : Yes / No 4/6 http://www.judis.nic.in W.P.(MD) No.5757 of 2021 NOTE:
In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.
To
1.The Managing Director, The Management of Tamilnadu State Transport Corporation (Madurai) Ltd., Madurai Region, Madurai.
2.The Administrator, Tamil Nadu State Transport Employees' Pension Fund Trust, Thiruvalluvar Illam, Anna Salai, Chennai-2.5/6
http://www.judis.nic.in W.P.(MD) No.5757 of 2021 M.S.RAMESH, J.
cp Order made in W.P.(MD) No.5757 of 2021 15.03.2021 6/6 http://www.judis.nic.in