Madras High Court
P.G.Manimaran vs The Managing Director on 17 August, 2021
Author: A.A.Nakkiran
Bench: A.A.Nakkiran
W.P.No.16730 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 17.08.2021
CORAM:
THE HONOURABLE MR.JUSTICE A.A.NAKKIRAN
W.P.No.16730 of 2021
[Video Conferencing]
P.G.Manimaran ... Petitioner
vs.
1.The Managing Director,
Tamil Nadu State Transport Corporation (Villupuram) Limited,
Vazhuthareddy,
Villupuram – 605 602.
2.The General manager,
Tamil Nadu State Transport Corporation (Villupuram) Limited,
Vellore Region,
Vellore - 632 009.
3.The Administrator,
Tamil Nadu State Transport Corporation,
Employees Post Retirement Welfare Fund Scheme,
Thiruvalluvar House, Pallavan Salai,
Chennai – 600 002. ... Respondents
Prayer:- Writ Petition filed under Article 226 of the Constitution of India,
praying for issuance of a writ of Mandamus, directing the respondents to
settle the Differential of Gratuity, Commutation and RBS pension along
with interest at the rate of 18% within the stipulated time as may be fixed
by this Court and pass such further or other orders as this Court may deem
fit and proper in the facts and circumstances of the case.
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W.P.No.16730 of 2021
For Petitioner : Mr.J.Pradeep
For Respondents : Mr.C.S.K.Sathish, (TNSTC), Villupuram.
*****
ORDER
1. With the consent of both parties, the Writ Petition was taken up for final disposal at the admission stage itself. Mr.C.S.K.Sathish, learned counsel for Transport Corporation, Villupuram District take notice on behalf of the respondents.
2. The petitioner herein, who retired from the services of the Respondents Corporation on reaching the age of superannuation, have come up with the above Writ Petition, seeking a direction to the respondents to settle the Differential of Gratuity, Commutation and RBS pension along with interest at the rate of 18% within the time frame.
3. This Court heard the submission of the learned counsel on either side and perused the materials available on record.
4. It is well settled in very many cases that the employee is entitled to interest for the belated payment of his retiral benefits. A Division Bench of this Court in Government of Tamil Nadu, rep. by its Secretary to Government, Revenue Department vs. M.Deivasigamani [2009 (3) MLJ 01] has held that the employee is entitled to interest on belated payment of pension and other retiral benefits, even in the absence of http://www.judis.nic.in 2/4 W.P.No.16730 of 2021 statutory rules / administrative instructions or guidelines and that he can claim interest under Part III of the Constitution, relying on Articles 14, 19 and 21 of the Constitution.
5. In a similar circumstance, the First Bench of this Court in W.A.(MD) Nos.383 to 457 of 2015 on 12.06.2015, directed the respondent / Transport Corporation to settle the terminal benefits of its employees in equal monthly instalments and to pay 6% interest on the terminal benefits payable to the workman. It has also held that the workman is entitled to 18% interest for the defaulted period of instalments.
6. Following the above judgements, a learned Single Judge of this Court in W.P.No.15886 of 2020 on 19.01.2021, directed the respondent / Transport Corporation to pay interest @ 6% per annum, for the belated payment of gratuity and other retiral benefits.
7. Considering the facts and circumstances of the case and also considering the period of delay, this Court is inclined to grant interest @ 4% per annum, for the belated payment of retirement benefits along with differencial of Gratuity, Commutation and RBS pension, that are yet to be settled, in four equal monthly instalments, commencing from 01.10.2021. In case of delay in making instalments within the time stipulated supra, the interest payable could be 10% for the delayed http://www.judis.nic.in 3/4 W.P.No.16730 of 2021 A.A.NAKKIRAN,J.
ssi period to be recovered from the Officer responsible for disbursement of the amount.
8. It is made clear that the aforesaid direction to pay interest would not preclude the petitioner / workman to question the computation of any of the terminal benefits, if the same is paid lesser than the amount to which, he is entitled to receive. Likewise, if the petitioner has any grievance that he is entitled to interest for the amount already settled, he can agitate the same as per law, if he is entitled.
9. The Writ Petition is disposed of with the above observations and directions. No costs.
17.08.2021 (1/12) ssi Internet:Yes/No Index:Yes/No To:
1.The Managing Director, Tamil Nadu State Transport Corporation (Villupuram) Limited, Vazhuthareddy, Villupuram – 605 602.
2.The General manager, Tamil Nadu State Transport Corporation (Villupuram) Limited, Vellore Region, Vellore - 632 009.
3.The Administrator, Tamil Nadu State Transport Corporation, Employees Post Retirement Welfare Fund Scheme, Thiruvalluvar House, Pallavan Salai, Chennai – 600 002.W.P.No.16730 of 2021
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