Madras High Court
U.Kalyanasundaram vs The Tamil Nadu State Transport ... on 24 September, 2021
Author: D.Krishnakumar
Bench: D.Krishnakumar
W.P.(MD) No.16781 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 24.09.2021
CORAM:
THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR
W.P.(MD) No.16781 of 2021
U.Kalyanasundaram ... Petitioner
-vs-
1.The Tamil Nadu State Transport Corporation
(Kumbakonam) Ltd.,
rep.by its Managing Director
Kumbakonam
2.The General Manager
The Tamil Nadu State Transport Corporation
(Kumbakonam) Ltd.,
Kumbakonam Region
Kumbakonam
3.The Administrator
Tamil Nadu State Transport Corporation
Employees Pension Fund Trust
Thiruvalluvar Illam
Pallavan Salai, Chennai-02 ... Respondents
PRAYER: Petition filed under Article 226 of the Constitution of India, to issue
a writ of mandamus directing the respondents to settle terminal benefits to the
petitioner, including Provident Fund, Gratuity, Commuted Value of Pension
and Earned leave salary together with interest at the rate of 6% per annum
payable from the date of his retirement from the service of the first respondent
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W.P.(MD) No.16781 of 2021
Corporation to till date on which the above benefits are settled to the
petitioner.
For Petitioner : Mr.Rahul.A.
For Respondents : Mr.P.Balasubramanian
Standing Counsel for R1 & R2
Mr.A.Swaminathan
Standing Counsel for R3
ORDER
The prayer in this writ petition is for issuance of a writ of mandamus directing the respondents to settle the terminal benefits due to the petitioner, including Provident Fund, Gratuity, Commuted Value of Pension and Earned Leave Salary together with interest at the rate of 6% per annum.
2. Heard the learned counsel appearing for the petitioner and the learned Standing Counsel appearing for the respondents.
3. The petitioner is a retired employee of the respondent Transport Corporation. He retired from service on 30.04.2020. The respondents have settled the retirement benefits to the petitioner only in the month of June, 2021.
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4. According to the petitioner, the issue involved in the present writ petition is that the respondents have settled the aforesaid amount belatedly, after a delay of more than one year and they 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 decision, this Court has fixed the 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.
5. Mr.P.Balasubramanian, learned Standing Counsel appearing for respondents 1 and 2 would submit that the respondents have settled the retirement benefits to the petitioner belatedly. Therefore, the petitioner is entitled for interest as decided in the earlier writ petition of this Court in W.P.(MD).No.19950 of 2020.
6. In the light of the above observations and with the consent of both parties, there shall be a direction to the first respondent 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 ____________ https://www.mhc.tn.gov.in/judis/ Page 3 of 5 W.P.(MD) No.16781 of 2021 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 for the retirement benefits.
7. With the above direction, the writ petition stands disposed of. No costs.
24.09.2021 Index : Yes / No Internet : Yes / No 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.
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