M.Mahoharan v. The Managing Director
W.P.(MD) No.1034 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.01.2020
CORAM:
THE HONOURABLE MR.JUSTICE M.S.RAMESH W.P.(MD) No.1034 of 2020 M.Manoharan ... Petitioner vs.
The Managing Director, Tamil Nadu State Transport Corpn., (KMB) Ltd., New Railway Station Road, Kumbakonam-612 001.
... Respondent PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of writ of mandamus, to direct the respondent to disburse interest at the rate of 6% for the belated payment of retirement benefits namely Gratuity, Leave Salary and Commutation.
For Petitioner : Mr.K.Gokul For Respondent : Mr.P.Balasubramanian Standing Counsel
O R D E R
By consent of both parties, this writ petition is taken up for final disposal at the stage of admission itself. 2.The petitioner's retirement benefits were settled belatedly on 03.11.2018 and in view of such belated settlement, the present writ petition has been filed seeking for interest on the belated payment of the terminal benefits.
3.It is brought to the notice of this Court that in an identical cases, a batch of writ petitions entertained by this Court and directions have been issued to the respondents to pay the interest at the rate of 6% on the belated payment of the terminal benefits. This Court does not intend to deviate from the said procedure.
4.The learned Standing Counsel appearing for the respondent would submit that in view of the financial burden cast on the respondent Corporation, they may be permitted to pay the interest on the belated payment in a liberal monthly installments. https://hcservices.ecourts.gov.in/hcservices/ 1/2
W.P.(MD) No.1034 of 2020 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 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 three months from the date of receipt of a copy of this order.
7.With the above directions, this Writ Petition is disposed of. No costs.
Sd/- Assistant Registrar(P & A) // True Copy // / /2020 Sub Assistant Registrar(CS) cp To:- The Managing Director, Tamil Nadu State Transport Corpn., (KMB) Ltd., New Railway Station Road, Kumbakonam-612 001.
+1 CC to M/s.P.BALASUBRAMANIAN, Advocate ( SR-2395[F] dated 22/01/2020 ) +1 CC to M/s.K.GOKUL, Advocate ( SR-2424[F] dated 22/01/2020 ) W.P.(MD) No.1034 of 2020 21.01.2020 AVS(CO) TR(04.02.2020)2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2