Madras High Court
T. Bagavathi Perumal vs State Express Transport Corporation ... on 27 August, 2021
Author: D.Krishnakumar
Bench: D.Krishnakumar
W.P(MD). No.15445 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 27.08.2021
CORAM
THE HON'BLE MR. JUSTICE D.KRISHNAKUMAR
W.P.(MD) Nos.15445 of 2021
T. Bagavathi Perumal ... Petitioner
Vs.
State Express Transport Corporation (TN) Ltd.,
Represented by its Managing Director,
Thiruvalluvar Illam,
Pallavan Salai.
... Respondent
Prayer:Petition filed under Article 226 of the Constitution of India, for
issuance of a Writ of Mandamus, directing the respondents to pay 6 %
interest for the belated payment of terminal benefits of Gratuity and
Unavailed Leave Salary payable to the petitioner from the date of the
petitioner's retirement i.e. 30.06.2018 to till the date of actual payment made
to the petitioner i.e. 31.08.2019 and all other attendant benefits to the
petitioner within the stipulated period.
For Petitioner : Mr. A.K. Thangavelu
For Respondents : Mr.R. Rajamohan
Standing Counsel
1/6
https://www.mhc.tn.gov.in/judis/
W.P(MD). No.15445 of 2021
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 13.08.2021.
2. Heard the learned counsel appearing for the petitioner and the learned Standing Counsel appearing for the respondent.
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 respondent transport corporation. The petitioner retired from service on 30.06.2018. The respondent has settled the retirement benefits to the petitioner only in the month of August 2019.
5. According to the petitioner, the issues involved in the present writ petition are that the respondent had settled the aforesaid amount belatedly, 2/6 https://www.mhc.tn.gov.in/judis/ W.P(MD). No.15445 of 2021 after a delay of more than 1 year and the respondent has 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 04.01.2020, 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 respondent would submit that the respondent 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 W.P. (MD).No.19950 of 2020.
7. In the light of the above observations and with the consent of both parties, there shall be a direction to the respondent to pay the penal interest at the rate of 6 % per annum on the belated payment of the retirement 3/6 https://www.mhc.tn.gov.in/judis/ W.P(MD). No.15445 of 2021 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.
27.08.2021 Index : Yes/No Internet : Yes /No mnr 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.
4/6https://www.mhc.tn.gov.in/judis/ W.P(MD). No.15445 of 2021 To State Express Transport Corporation (TN) Ltd., Represented by its Managing Director, Thiruvalluvar Illam, Pallavan Salai.
5/6https://www.mhc.tn.gov.in/judis/ W.P(MD). No.15445 of 2021 D.KRISHNAKUMAR, J.
mnr W.P.(MD).No.15445 of 2021 27.08.2021 6/6 https://www.mhc.tn.gov.in/judis/