K.Anbalagan - 6278 v. Tamilnadu State Transport Corporation (Villupuram)Ltd

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 03.03.2022

CORAM:

THE HON'BLE MR. JUSTICE D.KRISHNAKUMAR W.P.No.4751 of 2022 K.Anbalagan .. Petitioner vs.

1. Tamil Nadu State Transport Corporation (Villupuram) Ltd., Rep. By its Managing Director, 3/137, Salamedu,Valudhareddy Post, Villupuram-605 602.

2. Tamil nadu State Transport Corporation (Villupuram) Ltd., Rep. By The General Manager, Vellore Regional Office Rangapuram, Vellore-632 009.

3. The Administrator, Tamil Nadu State Transport Corporations, Employee's Pension Fund Trust, Thiruvalluvar House, Pallavansalai, 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 amounts to the belatedly paid retiral benefits viz. Service Gratuity Commutation of Pension amount and Leave Salary at the rate of 4 % per annum for 18 months of delayed payment in accordance with the order dated 19.01.2021 made in WP.No. 15886 of 2020 and as adopted in WP.No. 506 of 2021 dated 24.03.2021 by considering and passing orders on the petitioners representation dated 02.02.2022.

For Petitioner :

Mr.N.Ishak For Respondents :

Mr. G.Saravanakumar - R1 & R2 Mr.C.S.K.Sathish - R3

O R D E R

The relief sought for in the writ petition is for a mandamus seeking direction to the respondents to pay the interest at the rate of 4% per annum for the belated payment of the petitioner gratuity, Earned Leave salary and commuted value of pension, within a specified time.

2. Heard the learned counsel appearing for the petitioner and the learned Standing Counsel appearing for the respondents.

3. The petitioner was worked under the respondent Transport Corporation and retired from service on attaining the age of superannuation on 30.06.2019. The respondents have settled the retirement benefits to the petitioner only on 22.01.2021.

4. According to the petitioner, the respondents have settled the retirement benefits belatedly i.e, after a delay of 18 months and they have also not paid interest for the said belated payment to the petitioner. Hence, the petitioner has made a representation to the concerned Authorities to pay the interest for the belated payment. The petitioner 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 to be in the present writ petition.

5. The learned Standing Counsel appearing for respondents fairly accepted the fact that the respondents-Corporation have settled the retirement benefits to the petitioner belatedly and further 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 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 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 is disposed of. No costs.

Sd/- Assistant Registrar(CS-VII) //True Copy// Sub Assistant Registrar ak To

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

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

3. The Administrator, Tamil Nadu State Transport Corporations, Employee's Pension Fund Trust, Thiruvalluvar House, Pallavansalai, Chennai-600 002.

+1cc to Mr.C.S.K.Sathish, Advocate, S.R.No.14989 +1cc to M/s.N.Ishak, Advocate, S.R.No.14046 W.P.No.4751 of 2022 AD(CO) SU(04/04/2022)