Mutharasu.R v. The Managing Director
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.07.2021
CORAM:
THE HONOURABLE MS.JUSTICE V.M.VELUMANI R.Mutharasu ... Petitioner vs.
1.The Managing Director, Tamil Nadu State Transport 2.The General Manager, The Tamil Nadu State Transport 3.The Administrator, Tamil Nadu State Transport Corporation Employees Pension Fund Trust, Thiruvalluvar Illam, Palavan Salai, Chennai - 02.
... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, to direct the respondents to disburse interest at the rate of 6% for retirement benefits Commutation amount of Rs.7,62,129/-.
For Petitioner : Mr.K.Gokul For Respondents : Mr.J.Senthil Kumariah for R1 & R2 Mr.A.Swaminathan for R3
ORDER
Mr.J.Senthil Kumariah, learned Standing Counsel takes notice for respondents 1 and 2. Mr.A.Swaminathan, learned counsel takes notice for the third respondent.
2. The petitioner joined the respondent Corporation as Junior Engineer on 04.11.1982 and retired on 30.01.2018. After retirement, he received a sum of Rs.4,63,365/- as commutation amount. For that, every month a sum of Rs.4,613/- was recovered from his pension. In view of 7th pay commission-2016, the petitioner's salary was refixed. 1/3
From the increase of salary, new commutation was calculated and the amount of Rs.7,587/- was deducted from his pension from the date of retirement. Thereafter, the difference of commutation amount Rs.7,62,129/- was given on 30.01.2021, after the delay of after 36 months. Hence, the petitioner is entitled for interest for the belated payment of commutation amount of Rs.7,62,129/-. The petitioner made a representation on 17.02.2021, seeking to disburse the interest at the rate of 6% for commutation amount of Rs.7,62,129/- and has come out with the present Writ Petition. 3.It is brought to the notice of this Court that in similar circumstances, 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. In the light of the same, there shall be a direction to the third respondent to pay the penal interest at the rate of 6% per annum on the commutation amount of Rs.7,62,129/-, 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.
5. With the above directions, this Writ Petition is disposed of. No costs.
Sd/- Assistant Registrar (CS-I) // True Copy // / /2021 Sub Assistant Registrar(CS) vsm 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 Managing Director, Tamil Nadu State Transport 2/3
2.The General Manager, The Tamil Nadu State Transport 3.The Administrator, Tamil Nadu State Transport Corporation Employees Pension Fund Trust, Thiruvalluvar Illam, Palavan Salai, Chennai - 02.
+1 CC to M/s.K.GOKUL, Advocate ( SR-24989[F] dated 02/08/2021 ) 29.07.2021 RK (05.08.2021) 3P 5C 3/3