A.Vasudhevan v. The Managing Director

W.P.(MD) No.4594 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 04.03.2020

CORAM:

THE HONOURABLE MRS.JUSTICE J.NISHA BANU W.P.(MD) No.4594 of 2020 A.Vasudhevan ... Petitioner vs.

The Managing Director Tamil Nadu State Transport Corporation (Madurai) Limited Bye-pass road Madurai 625 016 ... Respondent PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of writ of mandamus, directing the respondent to pay interest at the rate of 6% per annum to the petitioner for the belated payment of Gratuity, Provident fund and Leave salary from the date of retirement to the date of actual payment. For Petitioner : Mr.C.Thangamani For Respondent : Mr.T.Senthil Kumariah

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 21.09.2019 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 case of batch of writ petitions entertained by this Court, 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 Corporation 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, would https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD) No.4594 of 2020 already put the retired employee to serious prejudice. Entertaining the said request for disbursement of the interest on the belated payment in installments, could cause further prejudice to the retired employees.

6.In the light of the above observations, there shall be a direction to the respondent 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.

sdAssistant Registrar // True Copy // / /2020 Sub Assistant Registrar msa To:- The Managing Director Tamil Nadu State Transport Corporation (Madurai) Limited Bye-pass road Madurai 625 016 +1 CC to M/s.C.THANGAMANI, Advocate ( SR-10095[F] dated 04/03/2020 ) +1 CC to M/s.J.SENTHIL KUMARAIAH, Advocate ( SR-10454[F] dated 06/03/2020 ) W.P.(MD) No.4594 of 2020 04.03.2020 AP(16.03.2020) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2