A.Albert Vijayakumar Amalraj v. The Secretary
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 11.08.2023 CORAM :
THE HONOURABLE MR. JUSTICE J.SATHYA NARAYANA PRASAD A. Albert Vijayakumar Amalraj ... Petitioner Vs
1. The Secretary Department of Transport, Government of Tamil Nadu Fort St.George, Chennai 600 009.
2. The Managing Director Tamil Nadu State Transport Corporation (Villupuram) Ltd., Kancheepuram Region, Villupuram.
3. The General Manager Tamil Nadu State Transport Corporation (Villupuram) Ltd., Kancheepuram Region, Ponnerikarai Bangalore Highway Kancheepuram Post & District. ... Respondents Writ Petition filed under Article 226 of the Constitution of India Page No.1 of 6
praying to issue a Writ of mandamus to direct the respondents to consider the representation dated 24.02.2020 to settle the interests at the rate of 18% per annum for a sum of Rs.20,48,161/- (Rupees Twenty Lakhs Forty Eight Thousand One Hundred and Sixty One Only) from the date of retirement to till the date of settlement to the petitioner. For petitioner : Mr.P.Chandrasekaran For respondent : Mrs.C.Meera Arumugam Addl. Government Pleader for R1 Mr.M.Aswin Standing Counsel for R2 & R3
O R D E R
This Writ Petition has been filed for issuance of a Writ of Mandamus directing the respondents to consider the representation dated 24.02.2020 to settle the interests at the rate of 18% per annum for a sum of Rs.20,48,161/- (Rupees Twenty Lakhs Forty Eight Thousand One Hundred and Sixty One Only) from the date of retirement to till the date of settlement to the petitioner.
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2. The learned counsel for the petitioner submitted that the petitioner was an employee of the respondent Transport Corporation and he retired from service on 31.05.2018 and his retirement benefits were settled only on 19.09.2019, after 15 months from the date of his retirement without any interest for a sum of Rs.20,48,161/-, hence he is entitled for the interest for belated payment and claims 18% interest per annum for the belated payment.
3. The learned Standing Counsel appearing for the 2nd and 3rd respondents submitted that 4% interest per annum may be ordered to the petitioner for the belated payment of the terminal benefits.
4. Heard both sides and perused the materials available on record.
5. Taking note of the fact that the terminal benefits were paid to the petitioner only after a delay of 15 months from the date of his retirement and for which he is entitled to claim interest for the belated payment, this Court is of the considered view that in the interest of justice 6% interest per annum is ordered to be paid by the third respondent. Though the petitioner claimed Page No.3 of 6
18% interest per annum it is not possible for this Court to order 18% per annum. Accordingly, the third respondent is directed to pay 6% interest per annum for the belated payment of the terminal benefits from 31.05.2018 to 19.02.2019 within a period of six weeks from the date of receipt of a copy of this order and in the event of default, the interest payable will become 18% per annum. The 3rd respondent, apart from paying arrears of pension, shall also continue to pay the monthly pension amount to the petitioner in time without any default.
6. With the above direction and observation, the writ petition stands disposed of. No costs.
11.08.2023 Index: Yes/No Speaking Order: Yes/No dpq Page No.4 of 6
To
1. The Secretary Department of Transport, Government of Tamil Nadu Fort St.George, Chennai 600 009.
2. The Managing Director Tamil Nadu State Transport Corporation (Villupuram) Ltd., Kancheepuram Region, Villupuram.
3. The General Manager Tamil Nadu State Transport Corporation (Villupuram) Ltd., Kancheepuram Region, Ponnerikarai Bangalore Highway Kancheepuram Post & District Page No.5 of 6
J. SATHYA NARAYANA PRASAD, J.
dpq 11.08.2023 Page No.6 of 6