P.Shanmugasundaram v. The Management Of Tamilnadu State Transport Corporation (Kovai) Ltd.,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 03.03.2022
CORAM:
THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR W.P.NO.4724 OF 2022 P.Shanmugasundaram
...Petitioner
Vs.
1.The Management of Tamilnadu State Transport Corporation (Kovai) Ltd., Erode Region, Rep. by its Managing Director, Erode.
2.The Administrator, Tamil Nadu State Transport Employees' Pension Fund Trust, Thiruvalluvar Illam, Anna Salai, Chennai - 2.
...Respondents
Prayer : Writ petition filed under Article 226 of the Constitution of India seeking to issue a Writ of Mandamus, directing the respondents to pay the petitioner interest at the rate of 18% per annum, for the period of delay from 01.08.18 to 20.09.19, in paying the amounts paid towards the petitioner terminal and pension benefits namely EPF Employees' Contribution, Gratuity, Encashment of Earned / Sick Leaves and Commuted value of Pension, within a time frame as may be fixed by this Court.
For petitioner :
M/s.Nandini for Mr.V.Ajoy Khose For R1 :
Mr.A.Sundaravadanan Standing Counsel For R2 :
Mr.C.S.K.Sathish Standing Counsel
ORDER
The relief sought for in the writ petition is for a Mandamus seeking direction to the respondents to pay the petitioner interest at the rate of 18% per annum, for the period of delay from 01.08.18 to 20.09.19, in paying the amounts paid towards the petitioner terminal and pension benefits namely EPF
Employees' Contribution, Gratuity, Encashment of Earned / Sick Leaves and Commuted value of Pension, within a time frame as may be fixed by this Court.
2. Heard the learned Counsel appearing for the petitioner and the learned Counsels appearing for the respondents.
3. The petitioner herein was working as Junior Assistant under the respondent Transport Corporation and he retired from service on attaining the age of superannuation on 31.07.2018. At the time of retirement, he was holding the post of Superintendent.
But, the respondents have settled the retirement benefits to the petitioner belatedly, without any interest. Hence, he made representation to pay interest for the belated payment, but the respondents neither given reply nor pay interest. 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, without any interest and despite requests made by him, the respondents did not pay interest. Hence, the respondents may be directed to pay interest for the belated payment.
5. The learned Standing Counsel appearing for the 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, as per the earlier orders passed by this court in W.P.No.468 of 2022 dated 19.01.2022.
6. In view of the above submissions and with the consent of both parties, there shall be a direction to the respondents to pay 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 have not already given up their right for claiming interest for the retirement benefits. It is also made clear that in default, the respondent-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 stands disposed of. No costs.
Sd/- Assistant Registrar(CS-II) // True Copy // Sub Assistant Registrar ata/mst
To 1.Managing Director, Tamilnadu State Transport Corporation (Kovai) Ltd., Erode Region, Erode.
2.The Administrator, Tamil Nadu State Transport Employees' Pension Fund Trust, Thiruvalluvar Illam, Anna Salai, Chennai - 2.
+1cc to Mr.V.Ajoy Khose, Advocate Sr.No.14408 +1cc to Mr.C.S.K.Sathish, Advocate Sr.No.14985 W.P.No.4724 of 2022 SPD(CO) RVM(16/03/2022)