Thangavelu.K v. The Management Of
W.P(MD)No.12329 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.07.2021
CORAM:
THE HONOURABLE MS.JUSTICE V.M.VELUMANI W.P(MD)No.12329 of 2021 K.Thangavelu ... Petitioner vs.
The Management of Tamilnadu State Transport Corporation (Tamilnadu) Ltd., Rep. by its Managing Director, Pallavan Salai, Chenani-2.
... Respondent Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the respondent to pay the petitioner interest at the rate of 18% per annum, for the period of delay 01.07.2019 to 20.11.2019 and 01.07.2019 to 20.12.2019, in paying the amounts paid in parts towards the petitioner's EPF Employee's Contribution amount and for the periods of delay 01.07.2019 to 24.01.2021, in paying the amounts paid towards the petitioner's terminal benefits, namely, Gratuity and Encashment of Earned Leaves, within a time frame fixed by this Court and without affecting his right to claim balance amounts towards those benefits.
For Petitioner : Mr.S.Arunachalam For Respondent : Mr.R.Rajamohan
ORDER
Mr.R.Rajamohan, learned Standing Counsel takes notice for the respondent.
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 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 respondent 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. https://hcservices.ecourts.gov.in/hcservices/ 1/2
W.P(MD)No.12329 of 2021 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 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 four 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 (ADII) // 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 The Managing Director, Management of Tamilnadu State Transport Corporation (Tamilnadu) Ltd., Pallavan Salai, Chenani-2.
+1 CC to M/s.R.RAJAMOHAN, Advocate ( SR-23479[F] dated 22/07/2021 ) W.P(MD)No.12329 of 2021 22.07.2021 KB(30.07.2021) 2P 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2