Madras High CourtWP(MD)/14748/2021disposed of

Rengaiyan T v. The Management Of

2021-08-18Honourable Mr Justice D. Krishnakumar3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 18.08.2021

CORAM

THE HON'BLE MR. JUSTICE D.KRISHNAKUMAR W.P.(MD) No.14748 of 2021 T.Rengaiyan ... Petitioner Vs.

1. The Management of Tamilnadu State Transport Corporation (Kumbakonam) Ltd., Rep. by its Managing Director, Kumbakonam.

2. The Administrator, Tamilnadu State Transport Employees'

Pension Fund Trust, Thiruvalluvar Illam, Anna Salai, Chennai - 2.

... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, for issue of Writ of Mandamus, directing the respondents to pay the petitioner interest at the rate of 18% per annum, for the period of delay from 01.05.2020 to 01.06.2021, in paying the amounts paid towards his terminal benefits namely EPF Employee's Contribution, Gratuity, Encashment of Earned/Sick Leaves and Commuted Value of Pension, within a time frame as may be fixed by this Court and without affecting his right to claim balance amounts towards those benefits.

For Petitioner :

Mr.S. Arunachalam For Respondents :

Mr. P.Balasubramanian Standing Counsel for R1 Mr.A.Swaminathan for R2.

O R D E R

This Writ Petition has been filed for the issue of a Writ of Mandamus, directing the respondents to pay 18% interest on the delayed payment of retirement benefits paid to the petitioner in view of the petitioner's representation dated 15.06.2021.

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

3. By consent of both parties, this writ petition is taken up for final disposal at the admission stage itself. 1/3

4. The petitioner is a retired employee of the first respondent transport corporation. The petitioner retired from service on 30.04.2020.

The respondents have settled the retirement benefits to the petitioner only in the month of June 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 more than 1 year 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 18 % 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 to be in the present Writ Petition.

6. Mr.P.Bala Subramanian, learned Standing Counsel appearing for the first respondent would submit that the respondent 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 2020.

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, subject to the condition that if the petitioner has not already given up his right for claiming interest for the retirement benefits.

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

Sd/- Assistant Registrar (CS II) // True Copy // / /2021 Sub Assistant Registrar(CS) mnr 2/3

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.

1. The Managing Director, Tamilnadu State Transport Corporation (Kumbakonam) Ltd., Kumbakonam.

2. The Administrator, Tamilnadu State Transport Employees'

Pension Fund Trust, Thiruvalluvar Illam, Anna Salai, Chennai - 2.

+1 CC to M/s.P.BALASUBRAMANIAN, Advocate (SR-26855[F] dated 19/08/2021) W.P.(MD).No.14748 of 2021 18.08.2021 PS(CO) SB(01.09.2021) 3P 4C 3/3