K.Nagarajan (Rtd Staff No. As0600) v. The Managing Director
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 24.03.2022
CORAM
THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR W.P.No.13397 of 2021 K.Nagarajan (Rtd Staff No. AS0600) ... Petitioner Vs.
1. The Managing Director Tamil Nadu State Transport Corporation (Salem) Ltd, Ramakrishna Salai, Salem-636 007.
2. The General Manager Tamil Nadu State Transport Corporation (Salem) Ltd, Dharmapuri Region, Bharathipuram, Salem Main Road, Dharmapur - 600 005.
3. The Administrator, Tamil Nadu State Transport Corporation Employees Post Retirement Welfare Fund Scheme Thiruvalluvar House, Pallavan Salai, Chennai 600 002.
... Respondents PRAYER: This Writ Petition has been filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, directing the Respondents to disburse the payments relating to Interest Amount of P.F, Gratuity, Leave Salary and benefits of Earned Leave Surrender in 60 days, last month 6 days Salary, Social Welfare Scheme amount, ERBS Pension Amount, 7th pay commission Arrear, D.A. Arrear and IRT Share amount with interest at 12 % per annum with effect from 01.05.2019 within the stipulated time as may be fixed by this Hon'ble Court. For Petitioner : Mr.N.Desinghu For R1 & R2 : Mr.A.Sundaravadanan For R3 : Mr.C.S.K.Sathish
O R D E R
The relief sought for in the writ petition is for a Mandamus directing the respondents to disburse the payments to the petitioner relating to interest amount of P.F, Gratuity, Leave Salary and benefits of Earned Leave surrender in 60 days, last month 6 days Salary, Social Welfare Scheme amount, ERBS pension amount, 7th pay commission arrear, D.A. Arrear and IRT share amount with interest at 12 % per annum with effect from 01.05.2019 within the stipulated time.
2.Heard the learned counsel for the petitioner and the learned counsel for the respondents.
3.The petitioner was appointed as a Junior Assistant in the Tamil Nadu State Transport Corporation (Salem) Ltd, Dharmapuri Region and retired from service on attaining the age of superannuation on 30.04.2019 as Superintendent. However, the respondents has settled the retirement benefits to the petitioner belatedly, without any interest. Hence, the petitioner made a representation on 10.04.2021 to pay interest, however, the respondents have not considered it. Hence, this writ petition has been filed.
4.The learned counsel appearing for the petitioner submitted that, though the petitioner made a representation to the concerned authorities to pay the interest for the belated payment of retirement benefits, the respondents have not paid the same. Further, he would also relied on a Division Bench decision of this Court in W.A.(MD)No.383 to 457 of 2015, dated 12.06.2015, wherein the Division Bench of this Court has fixed interest at the rate of 6% per annum for the belated payment of retirement benefits and on the same line, orders may be passed in the present writ petition.
5.The learned 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 their right for claiming interest for the retirement
benefits. It is also made clear that in default, the respondent-Corporation shall pay interest 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 IV) True Copy// Sub Assistant Registrar Dua To
1. The Managing Director Tamil Nadu State Transport Corporation (Salem) Ltd, Ramakrishna Salai, Salem-636 007.
2. The General Manager Tamil Nadu State Transport Corporation (Salem) Ltd, Dharmapuri Region, Bharathipuram, Salem Main Road, Dharmapur - 600 005.
3. The Administrator, Tamil Nadu State Transport Corporation Employees Post Retirement Welfare Fund Scheme Thiruvalluvar House, Pallavan Salai, Chennai 600 002.
+1cc to Mr.N.Desinghu, Advocate, S.R.No.20231 W.P.No.13397 of 2021 PMK[co] NSK 05/04/2022