Ravichandran v. The Tamilnadu State Transport Corporation Ltd.,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 14.03.2022
CORAM:
THE HON'BLE MR. JUSTICE D.KRISHNAKUMAR W.P.No.11212 of 2021 and WMP.No. 11859 of 2021 1.Ravichandran 2.R.Chandrasekaran 3.N.Kadirvel 4.A.S.K.Balasubramanian 5.M.Kumar 6.K.Easwaran 7.R.Sumathi .. Petitioners vs.
1.Tamil Nadu State Transport Corporation Ltd., Coimbatore Division I, Rep. By its Managing Director, No.37, Mettupalayam Road, Coimbatore.
2.The Administrator, Tamil Nadu Pension Trust, Pallavan Salai, Chennai ..Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the 1st respondent herein to pay interest for the delayed payments made to the petitioner in respect of Gratuity, Commutation, Provident Fun and Earned Leave etc., and pass such further or other orders.
For Petitioner : Mr.D.Anand Raja For Respondents : Mr.A.Sundaravadanan, Standing Counsel
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 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 worked under the respondent Transport Corporation and retired from service on attaining the age of superannuation on 31.01.2018. The respondents have settled the retirement benefits to the petitioner only on 03.11.2018.
4. According to the petitioner, the respondents have settled the retirement benefits belatedly on 03.11.2018 i.e, after a delay of 10 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. Consequently, connected Miscellaneous Petition is closed.
Sd/- Assistant Registrar(CS-II) //True Copy// Sub Assistant Registrar ak To
1. The Managing Director, Tamil Nadu State Transport Corporation Ltd., Coimbatore Division.
No.37, Mettupalayam Road, Coimbatore.
2. The Administrator, Tamil Nadu State Transport Corporation Employees' Pension Fund Trust, Thiruvalluvar House, Pallavansalai, Chennai-600 002.
+1cc to Mr.A.Sundaravadhanan, Advocate, S.R.No.17169 +1cc to Mr.D.Arul Raja, Advocate, S.R.No.16877 W.P.No.11212 of 2021 and WMP.No. 11859 of 2021 GMR(CO) SU(06/04/2022)