Madras High Court
P.Dhasan Dhanasekar vs The Managing Director on 2 August, 2021
Author: D.Krishnakumar
Bench: D.Krishnakumar
W.P. No.13287 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 02.08.2021
CORAM
THE HON'BLE MR. JUSTICE D.KRISHNAKUMAR
W.P.(MD) No.13287 of 2021
P.Dhasan Dhanasekar ... Petitioner
Vs.
1. The Managing Director,
State Express Transport Corporation,
Pallavan Salai, Chennai 2.
2. The General Manager,
State Express Transport Corporation,
Pallavan Salai, Chennai – 2.
3. The Administrator,
State Express Transport Corporation
Employees Pensions Fund Trust,
Thiruvalluvar Illam, Pallavan Salai,
Chennai – 2. ... Respondents
PRAYER: Petition filed under Article 226 of the Constitution of India, for
issue of Writ of Mandamus, to direct the respondents to disburse interest at
the rate of 6% for the belated payment of retirement benefits Gratuity,
Provident Fund, Leave Salary and Commutation.
1/6
https://www.mhc.tn.gov.in/judis/
W.P. No.13287 of 2021
For Petitioner : Mr.K.Gokul
For Respondents : Mr. R.Rajamohan
Standing Counsel
for R1 & R2
Mr.A.Swaminathan
for R3.
ORDER
This Writ Petition has been filed for the issue of a Writ of Mandamus, directing the respondents to pay 6% interest on the delayed payment of retirement benefits paid to the petitioner in view of the petitioner's representation dated 24.07.2021.
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 31.01.2020.
2/6https://www.mhc.tn.gov.in/judis/ W.P. No.13287 of 2021 The respondents have settled the retirement benefits to the petitioner only in the month of June 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 more than 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 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 first and second respondents 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 3/6 https://www.mhc.tn.gov.in/judis/ W.P. No.13287 of 2021 W.P.(MD).No.19950 of 2021.
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 for the retirement benefits.
8. With the above direction, the writ petition stands disposed of. No costs.
02.08.2021 Index : Yes/No Internet : Yes /No mnr 4/6 https://www.mhc.tn.gov.in/judis/ W.P. No.13287 of 2021 To
1. The Managing Director, State Express Transport Corporation, Pallavan Salai, Chennai 2.
2. The General Manager, State Express Transport Corporation, Pallavan Salai, Chennai – 2.
3. The Administrator, State Express Transport Corporation Employees Pensions Fund Trust, Thiruvalluvar Illam, Pallavan Salai, Chennai – 2.
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mnr W.P.(MD).No.13287 of 2021 02.08.2021 6/6 https://www.mhc.tn.gov.in/judis/