S.P.Raja v. The Management Of
W.P.(MD) No.3564 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.02.2020
CORAM:
THE HONOURABLE MR.JUSTICE M.S.RAMESH W.P.(MD) No.3564 of 2020 S.P.Raja ... Petitioner vs.
The Management of Tamil Nadu State Transport Corporation (Kumbakonam) Ltd., Karaikudi Region, rep., by its General Manager, Karaikudi.
... Respondent PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of writ of mandamus, to direct the respondents to pay the petitioner interest at the rate of 18% per annum for the period of delay from 01.05.2017 to 11.01.2018 in paying the EPF Employee's contribution and for the period of delay from 01.05.2017 to 03.08.2017 in paying gratuity and for the period of delay from 01.05.2017 to 18.10.2018 in paying encashment of earned leaves, within a time frame as may be fixed by this Court and without affecting his right to claim balance amounts towards those benefits.
For Petitioner : Mr.S.Arunachalam 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 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 identical cases, a batch of writ petitions were entertained by this Court and directions have been issued to the respondents to pay interest, at the rate of 6% per annum on the belated payment of the terminal benefits. This Court does not intend to deviate from such orders passed in similar cases.
4.The learned Standing 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 https://hcservices.ecourts.gov.in/hcservices/ 1/2
W.P.(MD) No.3564 of 2020 on the belated payment in 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 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 (CS-I) // True Copy // / /2020 Sub Assistant Registrar(CS) Rmk TO The Management of Tamil Nadu State Transport Corporation (Kumbakonam) Ltd., Karaikudi Region, rep., by its General Manager, Karaikudi.
+1 CC to MR.P.BALASUBRAMANIAN, Advocate ( SR-7607[F] dated 21/02/2020 ) W.P.(MD) No.3564 of 2020 21.02.2020 KM/(03.03.2020) 2P 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2