Madras High CourtWP(MD)/13204/2021disposed of

Munichamy.K v. The Tnstc(Madurai) Ltd.,

2021-08-02Honourable Mr Justice D. Krishnakumar3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 02.08.2021

CORAM

THE HON'BLE MR. JUSTICE D.KRISHNAKUMAR W.P.(MD) No.13204 of 2021 K.Munichamy ... Petitioner Vs.

1. The Tamil Nadu State Transport Corporation (Madurai) Ltd, Represented by its Managing Director, Madurai.

2. The Administrator, Tamil Nadu State Transport Corporation Employees Pension Fund Trust, Thiruvalluvar Illam, Pallavan Salai Chennai - 02.

... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, for issuance of Writ of Mandamus, directing the respondents to settle interest at the rate of 6% per annum for the belated payment of petitioner's terminal benefits including Gratuity, Terminal Leave Salary, Commuted Value of Pension and Provident Fund from the date of his retirement to till the date on which the said benefits were settled to him.

For Petitioner :

Mr.A.Rahul For Respondents :

Mr. J.Senthil Kumaraiah Standing Counsel for R1 Mr.A.Swaminathan for R2.

O R D E R

The petitioner has filed the present writ petition to direct the respondents to settle interest at the rate of 6 % per annum for the belated payment of his retirement benefits from the date of retirement till the date on which the said benefits were settled.

2. Heard the learned counsel appearing for the petitioner and the learned Standing Counsel appearing for the respondents. 1/3

3. By consent of both parties, this writ petition is taken up for final disposal at the admission stage itself.

4. The petitioner was a driver in the first respondent transport corporation. The petitioner retired from service on 31.12.2019. The respondents have settled the retirement benefits to the petitioner and the details are stated hereunder: Sl.No.

Details of the amount payable Amount in Rs.

Date of Settlement Gratuity 10,10,880/- 24.01.2021 Provident Fund 6,96,908/- 24.01.2021 Commuted Value of Pension 7,83,526/- 24.01.2021 Earned Leave Salary 3,68,240/- 24.01.2021 Total 28,59,554/- 24.01.2021

5. According to the petitioner, the issues involved in the present writ petition are that the respondents had settled the aforesaid amount belatedly, after a delay of 13 months and the respondents have also not paid interest for the belated payment to the petitioner. Hence, the petitioner has made a representation to the concerned authorities to pay interest at the rate of 6 % per annum. The petitioner has also relied on the decision of the earlier writ petition of this court in W.P.(MD)No.19950 of 2020 dated 04.01.2021, J. Gurumoorthy vs TNSTC (Kumbakonam) Ltd. In the above referred judgement, this Court has fixed the rate of interest at 6 % per annum for the belated payment of retirement benefits. On the same line, orders passed as follows in the present Writ Petition:-

6. Mr. J. Senthil Kumaraiah, Standing Counsel for Tamil Nadu State Transport Corporation (Madurai) Ltd, would submit that the respondents had settled the retirement benefit to the petitioner belatedly. Therefore, the petitioner is entitled for the interest as decided in the earlier writ petition of this Court in W.P.(MD). No.19950 of 2021.

7. In the light of the above observations and with the consent of both parties, 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. 2/3

8. With the above direction, the writ petition stands disposed of. No costs.

Sd/- Assistant Registrar (AD II) // True Copy // / /2021 Sub Assistant Registrar(CS) mnr To

1. The Managing Director, Tamil Nadu State Transport Corporation (Madurai) Ltd, Madurai.

2. The Administrator, Tamil Nadu State Transport Corporation Employees Pension Fund Trust, Thiruvalluvar Illam, Pallavan Salai, Chennai - 02.

+1 CC to M/s.A.RAHUL, Advocate ( SR-25027[F] dated 02/08/2021 ) W.P.(MD).No.13204 of 2021 02.08.2021 MGJ(09.08.2021) 3P 4C 3/3