D.Dhandapani v. The Managing Director

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 19.01.2024 CORAM :

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN D.Dhandapani

...Petitioner

-Vs1. The Managing Director, Tamil Nadu State Transport Corporation (Villupuram) Ltd., 3/137, Salamedu, Villupuram-605 602.

2. The General Manager, TamilNadu State Transport Corporation, (Villupuram) Ltd., Vellore Region, Rangapuram, Vellore-632 009.

...Respondents

Prayer: Writ Petitions filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing the respondents to disburse the admitted liability towards the difference in calculation of Gratuity amount and due interest for the belated disbursement of the petitioner gratuity as sought for in his representation dated 12.10.2023 with furtehr interest at the rate of 8% per annum from the said date of entitlement to till date of actual disbursement within a time limit to be stipulated by this Hon'ble Court.

For petitioner : Mr.J.Lakshminarayanan 1/6

For respondents : Mr.R.Venkatesa Perumal Standing Counsel

ORDER

This writ petition has been filed for a direction directing the respondents to disburse the admitted liability towards the difference in calculation of Gratuity amount and due interest for the belated disbursement of the petitioner gratuity as sought for in his representation dated 12.10.2023 with further interest at the rate of 8% per annum from the said date of entitlement to till date of actual disbursement within a time limit to be stipulated by this Hon'ble Court.

2. Heard the learned counsel appearing for the petitioner and the learned Government Advocate appearing for the respondent and perused the materials available on record.

3. In identical issues, this Court has passed various orders, 2/6

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 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 the actual disbursement, as expeditiously as possible and in any event, not before the expiry of three month from the date of receipt of a copy of this order.

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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. In the light of the above findings, there shall be a direction to the respondents herein to pay the interest on the belated payment of the terminal benefits to the petitioners at the rate of 6% per annum, commencing from the date of the retirement, till the date of actual disbursement, within a period of eight weeks from the date of receipt of copy of this order.

6. With the above direction, this Writ Petition is disposed of. No costs.

19.01.2024 Index : Yes/No Internet: Yes/No gvn To 4/6

1. The Managing Director, Tamil Nadu State Transport Corporation (Villupuram) Ltd., 3/137, Salamedu, Villupuram-605 602.

2. The General Manager, TamilNadu State Transport Corporation, (Villupuram) Ltd., Vellore Region, Rangapuram, Vellore-632 009.

G.K.ILANTHIRAIYAN,J.

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