P.Sekar v. The Government Of Tamil Nadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 28.10.2022
CORAM
THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE P.Sekar, Staff No.C 61619 (Special Grade Conductor-Retd.,) S/o Prthasarathy Door No.24, Krishna Street, E.V.P.Rajeshwari Avenue, Mugalivakkam, Porur, Chennai - 600 125.
... Petitioner Vs
1. The Government of Tamilnadu, rep. by its Secretary to Government, Transport Department, Secretariat, Chenni - 600 009.
2. The Managing Director, (Villupuram) Ltd., Villupuram Division, Villupuram.
3. The General Manager, (Villupuram) Ltd., 1/6
Kancheepuram Region, Kancheepuram.
4. The Administrator, Tamil Ndu State Transport Corporation Employees Pension Fund Trust, Thiruvalluvar House, Pallavan Salai, Chennai - 600 002.
... Respondents Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus directing the respondents to settle the interest for the belated payment of retirement benefits along with Gratuity, Earned Leave, Commutation of Pension, Provident Fund and other retirement benefits payable to the petitioner with 18% rate of interest within the time frame that may be stipulated by this Hon'ble Court. For Petitioner ...
Mr.N.Sudhagar Nagaraj For Respondents ...
Mr.Yogesh Kannadasan, Special Government Pleader for R1 Mr.L.S.N.Hasan Fizal, Additional Government Pleader for R2 and R3 Mr.C.S.K.Sathish, Standing Counsel for R4
O R D E R
This writ petition has been filed for a Mandamus seeking for payment 2/6
of interest for the belated payment of retirement benefits to the petitioner.
2. The petitioner has given a representation on 16.09.2022 seeking for payment of interest for the belated payment of retirement benefits, which according to the petitioner was paid only on 23.01.2021, though he retired from service on 31.10.2019 itself. Since the representation has not been considered till date, he has filed this writ petition.
3. Heard the learned counsel for the petitioner, Mr.Yogesh Kannadasan, learned Special Government Pleader, accepts notice on behalf of the 1st respondent, Mr.L.S.M.Hasan Fizal, learned Additional Government Pleader, accepts notice on behalf of the 2nd and 3rd respondents and Mr.C.S.K.Sathish, learned Standing Counsel, accepts notice on behalf of the 4th respondent.
4. No prejudice would be caused to the respondents, if the petitioner's representation is considered on merits and in accordance with law. It is settled law as laid down by various decisions of this Court that in case of delayed payment of retirement benefits, the employee is entitled for 4% interest. While passing the final orders, the same may be considered by the respondents.
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5. For the forgoing reasons, this Court directs the respondents 2 to 4 to pass final orders on the petitioner's representation dated 16.09.2022 seeking for payment of interest for the belated payment of retirement benefits within a period of twelve weeks from the date of receipt of a copy of this order.
6. With the aforesaid directions, the Writ Petition is disposed of. No costs.
28.10.2022 Index: Yes/ No Speaking Order/Non-speaking Order vsi To
1. The Secretary to Government, Government of Tamilnadu, Transport Department, Secretariat, Chenni - 600 009.
2. The Managing Director, (Villupuram) Ltd., Villupuram Division, Villupuram.
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3. The General Manager, (Villupuram) Ltd., Kancheepuram Region, Kancheepuram.
4. The Administrator, Employees Pension Fund Trust, Thiruvalluvar House, Pallavan Salai, Chennai - 600 002.
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ABDUL QUDDHOSE, J.
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