Madras High Court
R.Nallasingam vs The Tamil Nadu State Transport on 23 August, 2022
Author: M.S.Ramesh
Bench: M.S.Ramesh
W.P.(MD).No.19106 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 23.08.2022
CORAM
THE HONOURABLE MR.JUSTICE M.S.RAMESH
W.P.(MD).No.19106 of 2022
R.Nallasingam ... Petitioner
Vs.
1.The Tamil Nadu State Transport
Corporation (Madurai) Limited,
Represented by its Managing Director,
Madurai.
2.The General Manager,
The Tamil Nadu State Transport
Corporation (Madurai) Limited,
Virudhunagar Region,
Virudhunagar.
3.The Administrator,
The Tamil Nadu State Transport Corporation
Employees Pension Fund Trust,
Thiruvalluvar Illam,
Pallavan Salai,
Chennai – 02. ...Respondents
Prayer : Writ Petition filed under Article 226 of the Constitution of India,
praying this Court to issue a Writ of Mandamus, directing the respondents to
settle interest at the rate of 6 % per annum for the belated payment of
petitioner's terminal benefits including Provident Fund, Gratuity, Commuted
Value of Pension and Terminal Leave Salary from the date of his retirement to
till the date on which the said benefits were settled to him.
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W.P.(MD).No.19106 of 2022
For Petitioner : Mr.A.Rahul
For R-1 and R-2 : Mr.S.Ramachandra Pradeep,
Standing Counsel.
For R-3 : Mr.S.C.Herold Singh,
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 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 very fact that the belated disbursement of retirement benefit, had already put the retired employee to serious prejudice, entertaining the present https://www.mhc.tn.gov.in/judis 2/6 W.P.(MD).No.19106 of 2022 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.S.Ramachandra Pradeep, 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 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.
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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 three (3) months from the date of receipt of a copy of this order.
8.This Writ Petition stands allowed in accordance with the above terms.
There shall be no order as to costs.
23.08.2022
Index : Yes / No
Internet : Yes/ No
Lm/Rmk
https://www.mhc.tn.gov.in/judis 4/6 W.P.(MD).No.19106 of 2022 To
1.The Managing Director, The Tamil Nadu State Transport Corporation (Madurai) Limited, Madurai.
2.The General Manager, The Tamil Nadu State Transport Corporation (Madurai) Limited, Virudhunagar Region, Virudhunagar.
3.The Administrator, The Tamil Nadu State Transport Corporation Employees Pension Fund Trust, Thiruvalluvar Illam, Pallavan Salai, Chennai – 02.
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