Madras High Court
S.Ramasubbu vs The Management Of on 20 October, 2021
Author: D.Krishnakumar
Bench: D.Krishnakumar
W.P(MD)No.18562 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 20.10.2021
CORAM
THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR
W.P(MD)No.18562 of 2021
S.Ramasubbu ... Petitioner
Vs.
The Management of
State Express Transport Corporation (Tamilnadu) Ltd,
Rep. by its Managing Director,
Pallavan Salai,
Chennai – 2. ... Respondent
Prayer : Writ Petition filed under Article 226 of the Constitution of India,
praying this Court to issue a Writ of Mandamus, directing the respondent to pay
the interest to the petitioner for the delayed payment of his terminal benefits at
the rate of 6% per annum, for the periods of delay from 01.02.2020 to
13.11.2020 and from 01.02.2020 to 09.02.2021 and from 01.02.2020 to
02.06.2021 in paying EPF Employee's Contribution in parts and for the period
of delay from 01.02.2020 to 02.06.2021, in paying the amount paid towards
Gratuity within a time frame as may be fixed by this Court and without
affecting his right to claim balance amounts towards those benefits.
https://www.mhc.tn.gov.in/judis/
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W.P(MD)No.18562 of 2021
For Petitioner : Mr.S.Arunachalam
For Respondent : Mr.R.Rajamohan,
Standing Counsel.
ORDER
This Writ Petition has been filed for the issue of a Writ of Mandamus, directing the respondent to pay the interest to the petitioner for the delayed payment of his terminal benefits at the rate of 6% per annum, for the periods of delay from 01.02.2020 to 13.11.2020 and from 01.02.2020 to 09.02.2021 and from 01.02.2020 to 02.06.2021 in paying EPF Employee's Contribution in parts and for the period of delay from 01.02.2020 to 02.06.2021, in paying the amount paid towards Gratuity within a time frame as may be fixed by this Court and without affecting his right to claim balance amounts towards those benefits.
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.
https://www.mhc.tn.gov.in/judis/ The petitioner retired from service on 31.01.2020. The 2/5 W.P(MD)No.18562 of 2021 respondent has 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 respondent had settled the aforesaid amount belatedly, after a delay of 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 04.01.2021, 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 respondent, would submit that the respondent had settled the retirement benefits 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 https://www.mhc.tn.gov.in/judis/ parties, there shall be a direction to the respondent to pay the penal interest at 3/5 W.P(MD)No.18562 of 2021 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 in the retirement benefits.
8. With the above direction, the writ petition stands disposed of. No costs.
20.10.2021
Index : Yes / No
Internet : Yes/ No
dn
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.
To The Managing Director, The Management of State Express Transport Corporation (Tamilnadu) Ltd, Pallavan Salai, Chennai – 2.
https://www.mhc.tn.gov.in/judis/ 4/5 W.P(MD)No.18562 of 2021 D.KRISHNAKUMAR, J.
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