Mutharasu.S v. The Govt.Of Tamil Nadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 15.07.2021
CORAM:
THE HONOURABLE MS.JUSTICE V.M.VELUMANI 1.S.Mutharasu 2.S.Rajendran 3.C.Durairajan 4.M.Abdul Kafeer 5.U.Ambikapathi 6.G.Tamilmani 7.U.Ashokkumar 8.G.Raviselvam 9.R.Chandrasekaran 10.S.Sivakumar ... Petitioners vs.
1.The Government of Tamil Nadu, Rep. by its Secretary to Government, Transport Department, Secretariat, Chennai-600 009.
2.The Managing Director, Tamil Nadu State Transport Corporation (Kumbakonam) Limited, Kumbakonam, Thanjavur District.
3.The General Manager, Tamil Nadu State Transport Corporation (Kumbakonam) Limited, Kumbakonam, Thanjavur District.
4.The Administrator, Tamil Nadu State Transport Corporation Employees Pension Fund Trust, Thiruvalluvar House, Pallavan Salai, Chennai-600 002.
... Respondents 1/4
Prayer: Writ Petition filed under Article 226 of the Constitution of India for 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 stipulated by this Court.
For Petitioners : Mr.N.Sudhagar Nagaraj For R - 1 : Mr.K.S.Selva Ganesan Government Advocate For RR 2 & 3 : Mr.D.Sivaraman
O R D E R
Mr.K.S.Selva Ganesan, learned counsel takes notice for the first respondent and Mr.D.Sivaraman, learned Standing Counsel takes notice for the respondents 2 and 3.
2.The petitioners' 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 the interest, at the rate of 6% 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 2 and 3 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. 5.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.
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 four months from the date of receipt of a copy of this order.
2/4
7.With the above directions, this Writ Petition is disposed of. No costs.
Sd/- Assistant Registrar (T&P) // True Copy // / /2021 Sub Assistant Registrar(CS) ps 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, The Government of Tamil Nadu, Secretariat, Chennai-600 009.
2.The Managing Director, Tamil Nadu State Transport Corporation (Kumbakonam) Limited, Kumbakonam, Thanjavur District.
3.The General Manager, Tamil Nadu State Transport Corporation (Kumbakonam) Limited, Kumbakonam, Thanjavur District.
4.The Administrator, Tamil Nadu State Transport Corporation Employees Pension Fund Trust, Thiruvalluvar House, Pallavan Salai, Chennai-600 002.
+1 CC to M/s.N.SUDHAGAR NAGARAJ, Advocate ( SR-22624[F] dated 15/07/2021 ) 3/4
+1 CC to M/s.SPL GP ( SR-22911[F] dated 16/07/2021 ) +1 CC to M/s.D.SIVARAMAN, Advocate ( SR-22866[F] dated 16/07/2021 ) 15.07.2021 CM(CO) LR (30.07.2021) 4P 8C 4/4