S.Vijayakumar v. The Principal Secretary/

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 21.02.2023

CORAM:

THE HONOURABLE MR. JUSTICE M.S. RAMESH S. Vijaykumar ... Petitioner Vs.

The Principal Secretary/ Transport Commissioner, Chepauk, Chennai - 600 005.

... Respondent Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondent to disburse the 18% of interest for belated payment of retirement benefits to the petitioner by disposing the written representation made by the petitioner on 23.01.2023 within a stipulated time as this Court fixes. For Petitioner : M/s.R. Hemalatha For Respondents : Mr.E. Sundaram, Government Advocate 1/4

ORDER

With the consent of both the parties, this Writ Petition is taken up for final disposal at the admission stage itself.

2. Aggrieved against the belated settlement of the retirement benefits to the petitioner, he has claimed interest on the belated payment in this Writ Petition.

3. In identical issues, this Court has passed various orders, 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 2/4

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

4. This Court is of the view that the respondent 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 respondent herein, to pay the interest on the belated payment of the retirement benefits to the petitioner at the rate of 6% per annum, commencing from the date of his retirement, till the date of actual disbursement, within a period of eight (8) weeks from the date of receipt of a copy of this order.

3/4

M.S.RAMESH,J.

Sni

6. Accordingly, this Writ Petition stands ordered. No costs. 21.02.2023 Speaking/Non-speaking Order Internet: Yes/No Index: Yes/No Sni To The Principal Secretary/ Transport Commissioner, Chepauk, Chennai - 600 005.

4/4