Madras High Court
R.Mangayakarasi vs The Managing Director on 28 April, 2021
Author: M.Govindaraj
Bench: M.Govindaraj
WP NO.10624 OF 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 28.04.2021
CORAM
THE HONOURABLE MR. JUSTICE M.GOVINDARAJ
WP NO.10624 OF 2021
R.Mangayakarasi .. Petitioner
Versus
The Managing Director
Metropolitan Transport
Corporation(Chennai) Ltd
Pallavan House,
chennai-600 002
2.The Administrator
Tamilnadu State Transport Corporation
Employees Pension Fund Trust
Thiruvalluvar Illam,
Pallavan Salai,
Chennai-600 002 .. Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of India
praying to issue a Writ of Mandamus, directing the respondents to pay a
sum of Rs.10,65,093/- towards difference of service/terminal benefits with
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WP NO.10624 OF 2021
interest, pension arrear amount for 8 months with interest and to revise
family pension of the petitioner with arrear amount and interest according to
the G.O.Ms.No.313 dated 25th October 2017.
For Petitioner : Mr.S.T.Varadarajalu
For Respondent : Mr.K.Moorthy
Standing Counsel
ORDER
Mr.K.Moorthy, learned Standing Counsel, takes notice on behalf of the respondent. By consent, the Writ Petition is taken up for final disposal at the admission stage itself.
2.This Writ Petition has been filed by the petitioner wife of deceased workman of the Transport Corporation seeking for a direction to the respondent to pay difference of service/terminal benefits with interest, pension arrear amount for 8 months with interest and to revise family pension of the deceased workman with arrear amount and interest at the rate of 6% per annum.
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3.The petitioner's husband has joined the services of the respondent / Transport Corporation in the year 1982 as Assistant Foreman. He expired on 17.05.2017 as he was working as Assistant Manager. However, his terminal benefits, namely EPF, Gratuity and leave salary etc., were paid. Petitioner has filed this petition seeking family pension.
4.Heard the submissions made on either side.
5.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 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. 3/6 http://www.judis.nic.in WP NO.10624 OF 2021
6.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 installments 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 installments.
7.Following the above judgments, 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.
8.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 gratuity, leave salary and commutation of pension amount that are yet to be settled, in six equal monthly installments, commencing from 01.07.2021. In case of delay in making installments within the time stipulated supra, the interest payable 4/6 http://www.judis.nic.in WP NO.10624 OF 2021 could be 10% for the delayed period to be recovered from the Officer responsible for disbursement of the amount.
9.It is made clear that the aforesaid direction to pay interest would not preclude the petitioner wife of the workman to question the computation of any of the terminal benefits, if the same is paid lesser than the amount to which, she is entitled to receive. Likewise, if the petitioner has any grievance, she is entitled to interest for the amount already settled, she can agitate the same as per law, if she is entitled.
10.The Writ Petition is disposed of with the above observation and direction. No costs.
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Index : Yes / No
Internet : Yes / No
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WP NO.10624 OF 2021
M.GOVINDARAJ, J.
kpr
To
The Managing Director
Metropolitan Transport
Corporation(Chennai) Ltd
Pallavan House,
Chennai-600 002
2.The Administrator
Tamilnadu State Transport Corporation Employees Pension Fund Trust Thiruvalluvar Illam, Pallavan Salai, Chennai-600 002 WP NO.10624 OF 2021 28.04.2021 6/6 http://www.judis.nic.in