K. Ramakrishnan v. The Management Of
W.P.(MD) No.571 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 10.01.2020
CORAM:
THE HONOURABLE MR.JUSTICE M.S.RAMESH W.P.(MD) No.571 of 2020 K.Ramakrishnan Petitioner Vs
1. The Management of Tamil Nadu State Transport Corporation (Kumbakonam) Ltd Karaikudi Region Rep by its General Manager Karaikudi
2. The Administrator Tamil Nadu State Transport Employee's Pension Fund Trust Thiruvalluvar Illam, Anna Salai Chennai -2.
Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of writ of mandamus, directing the respondents to pay interest at the rate of 18% per annum, for a period of delay from 01.03.2018 to 06.06.2018, in paying the EPF Employee's Contribution and for the period of delay from 01.03.2018 to 02.11.2018 in paying Gratuity, encashment of earned/sick leaves and commutated value of pension, within a time frame that may be fixed by this Court.
For Petitioner : Mr.S.Arunachalam For Respondents : For R1- Mr.D.Sivaraman Standing Counsel For R2-Mr.A.Swaminathan 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 https://hcservices.ecourts.gov.in/hcservices/ 1/2
W.P.(MD) No.571 of 2020 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 Counsel appearing for the respondents 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.
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 respondents 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 direction, this Writ Petition is ordered. No costs.
Sd/- Assistant Registrar (Records) // True Copy // / /2020 Sub Assistant Registrar(CS) To +1 CC to M/s.D.SIVARAMAN, Advocate ( SR-1479[F] dated 10/01/2020 ) +1 CC to M/s.A.SWAMINATHAN, Advocate ( SR-1518[F] dated 10/01/2020 ) W.P.(MD) No.571 of 2020 10.01.2020 Vrn SDS(03.02.2020) 2P-3C https://hcservices.ecourts.gov.in/hcservices/ 2/2