M.Venkatesan v. The Managing Director

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.03.2024 CORAM :

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN M.Venkatesan

...Petitioner

-Vs1.The Managing Director Tamilnadu State Transport Corporation (Villupuram) Ltd., No.3/137, Salamedu, Valudhareddy Post, Villupuram -605 602.

2.The General Manager TamilNadu State Transport Corporation (Villupuram) Ltd., Kancheepuram Regional Office, Karapettai, Ponnerikarai, Kanchipuram District- 631 552.

3.The Administrator, Tamil Nadu State Transport Corporation Employees Pension Fund Trust, Thiruvallurvar House, Pallavan Salai, Chennai-600 002.

...Respondents

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Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing the respondents to pay interest amounts to the petitioner for the belatedly paid Service Gratuity amount, Leave Liability amount and commutation of Pension amount at the rate of 6% per annum for the delayed period of payment in the light of the judgement passed by this Hon'ble Court dated 20.10.2023 in W.P.No.30474 of 2023.

For petitioner : Mr.N.Ishar For respondents - 1 & 2 : Mr.R.Venkatesa Perumal Standing Counsel For respondent 3 : Mr.C.S.K.Sathish Standing Counsel

ORDER

This writ petition has been filed seeking direction to the respondents to pay interest amounts to the petitioner for the belatedly paid Service Gratuity amount, Leave Liability amount and commutation of Pension amount at the rate of 6% per annum for the delayed period of payment in the light of the judgement passed by this Hon'ble Court dated 20.10.2023 in W.P.No.30474 of 2023.

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2. Heard the learned counsel appearing for the petitioner and the learned Standing Counsel appearing for the respondents and perused the materials available on record.

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 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 3/6

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.

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 petitioner 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.

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To 1.The Managing Director Tamilnadu State Transport Corporation (Villupuram) Ltd., No.3/137, Salamedu, Valudhareddy Post, Villupuram -605 602.

2.The General Manager TamilNadu State Transport Corporation (Villupuram) Ltd., Kancheepuram Regional Office, Karapettai, Ponnerikarai, Kanchipuram District- 631 552.

3.The Administrator, Tamil Nadu State Transport Corporation Employees Pension Fund Trust, Thiruvallurvar House, Pallavan Salai, Chennai-600 002.

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G.K.ILANTHIRAIYAN,J.

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