J.Venkataraman v. The Managing Director
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 24.02.2022
CORAM:
THE HON'BLE MR. JUSTICE D.KRISHNAKUMAR W.P.No.3881 of 2022 J.Venkataraman ... Petitioner vs.
1. The Managing Director Metropolitan Transport Corporation (Chennai) Ltd., Anna Salai, Chennai-600 002.
2. The Administrator Tamil Nadu State Transport Corporation Pension Fund Trust, Thiruvalluvar House Pallavan Salai, Chennai-600 002.
... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus directing the respondents to pay interest at the rate of 18% per annum for the belated payment of retirement benefits for the period from 31.05.2018 to 30.06.2020 i.e 24 months on par with order made in W.P (MD) No.10553 of 2021 dated 02.07.2021. For Petitioner : Mr. D.Veerasekaran For R1 : Mr. K.Moorthy For R2 : Mr.C.S.K.Sathish
O R D E R
This writ petition has been filed for issuance of a Writ of Mandamus, directing the respondents to pay the interest at the rate of 18% per annum for the belated payment of retirement benefits for the period from 31.05.2018 to 30.06.2020 i.e., 24 months on par with order made in W.P (MD) No.10553 of 2021 dated 02.07.2021.
2. Heard the learned counsel appearing for the petitioner and the learned Counsel appearing for the respondents.
3. The petitioner was promoted as a Senior Tradesman under the respondent Transport Corporation and retired from his service on superannuation on 31.05.2018. However, the respondents have settled the retirement benefits to the petitioner belatedly, without any interest. Hence, the petitioner made a representation on 06.01.2022 to pay the interest. However, the respondents have not considered the same. Hence, this writ petition has been filed.
4. The learned counsel appearing for the petitioner submitted that, the respondents have settled the retirement benefits to the petitioner belatedly. Therefore, the petitioner made a representation dated 06.01.2022 to the concerned Authorities to pay the interest for the belated payment of retirement benefits. Despite that, the respondents have not paid the same. He has also relied on the decision of the Hon'ble Division Bench of this Court in W.A.(MD)No.383 to 457 of 2015, dated 12.06.2015 wherein, the Hon'ble Division Bench of this Court has fixed the rate of interest at 6% per annum for the belated payment of retirement benefits. On the same line, orders may be issued in the present writ petition.
5. The learned counsel appearing for respondents fairly accepted the fact that the respondents-Corporation have settled the retirement benefits to the petitioner belatedly. He also submitted that the petitioner is entitled for interest only at the rate of 4% per annum for the belated payment.
6. In view of the above submissions and with the consent of both parties, there shall be a direction to the respondents to pay the penal interest at the rate of 4% per annum for the belated payment of retirement benefits to the petitioner, 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. It is also made clear that in default, the respondents-Corporation shall have to pay the interest amount at the rate of 6% per annum to the petitioner.
7. With the above directions, the writ petition is disposed of. No costs.
Sd/- Assistant Registrar(CS-VIII) //True Copy// Sub Assistant Registrar ssi/dua
To
1. The Managing Director Metropolitan Transport Corporation (Chennai) Ltd., Anna Salai, Chennai-600 002.
2. The Administrator Tamil Nadu State Transport Corporation Pension Fund Trust, Thiruvalluvar House Pallavan Salai, Chennai-600 002.
+1cc to Mr.D.Veerasekaran, Advocate SR.No.12537 W.P.No.3881 of 2022 MT(CO) GN(25/03/2022)