Mani.M v. The Govt. Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :01.07.2021

CORAM

THE HONOURABLE MS.JUSTICE V.M.VELUMANI 1.M.Mani 2.C.Duraisamy 3.P.Sezhian 4.C.Radha 5.A.Ganapathipillai 6.A.Lugas 7.A.Senthilkumar ... Petitioners Vs.

1.The Government of Tamilnadu, Rep. by its Secretary to Government, Transport Department, Secretariat, Chennai-600 009.

2.The Managing Director, Tamil Nadu State Transport Corporation (Kumbakonam), Ltd., Railway Station Road, Kumbakonam-612 001, Thanjavur District.

3.The General Manager, Tamil Nadu State Transport Corporation (Kumbakonam), Ltd., Periyamilaguparai, Trichy Region, Trichy.

4.The Administrator, Tamil Nadu State Transport Corporation Pension Fund Trust, Thiruvalluvar House, Pallavan Illam, Chennai-600 002.

... Respondents PRAYER:

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 payable to the petitioners with 18% rate of interest within the time frame that may be stipulated by this Court. 1/4

For Petitioners : Mr.N.Sudhagar Nagaraj For R1 : Mr.K.S.Selvaganesan Government Advocate For R2 to R4 : Mr.D.Sivaraman Standing Counsel

ORDER

Mr.K.S.Selvaganesan, learned Government Advocate takes notice for the first respondent. Mr.D.Sivaraman, learned Standing Counsel takes notice for the respondents 2 to 4.

2. By consent, the Writ Petition is taken up for final disposal at the admission stage itself.

3. The petitioners' retirement benefits were settled belatedly and in view of such belated settlement, this writ petition has been filed seeking for interest on the belated payment of the terminal benefits.

4. 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. 5.The learned Standing Counsel appearing for the respondents 2 to 4 would submit that in view of the financial burden cast on the respondents corporation, they may be permitted to pay the interest on the belated payment in a liberal monthly installments.

6. I am not in agreement with the said representation made. There was already a duty cast on the respondents corporation to pay the terminal benefits on the date of retirement itself and the very fact that the belated disbursement of retirement benefit, would 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.

7. 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 four months from the date of receipt of a copy of this order.

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8.With the above directions, this Writ Petition is disposed of. No costs.

Sd/- ASSISTANT REGISTRAR(CS-III) /TRUE COPY/ / /2021 SUB ASSISTANT REGISTRAR(CS) am Note: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To:

1.The Secretary to Government, Transport Department, Secretariat, Chennai-600 009.

2.The Managing Director, Tamil Nadu State Transport Corporation (Kumbakonam), Ltd., Railway Station Road, Kumbakonam-612 001, Thanjavur District.

3.The General Manager, Tamil Nadu State Transport Corporation (Kumbakonam), Ltd., Periyamilaguparai, Trichy Region, Trichy.

4.The Administrator, Tamil Nadu State Transport Corporation Pension Fund Trust, Thiruvalluvar House, Pallavan Illam, Chennai-600 002.

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+1 CC to M/s.D.SIVARAMAN, Advocate ( SR-20800[F] dated 01/07/2021 ) +1 CC to M/s.SPL GP ( SR-21042[F] dated 02/07/2021 ) +1 CC to M/s.N.SUDHAGAR NAGARAJ, Advocate ( SR-21138[F] dated 05/07/2021 ) 01.07.2021 KB(12.07.2021) 4P 8C 4/4