N.Jayaraman Asari v. The Management Of
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 23.08.2021
CORAM
THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR N.Jayaraman Asari ... Petitioner Vs.
The Management of Tamil Nadu State Express Transport Corporation Ltd., Represented by its General Manager, Pallavan Salai, Chennai-2.
... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court for issuance of Writ of Mandamus, directing the respondents to pay interest at the rate of 12% per annum, for the period of delay from the petitioner's date of retirement(29.02.2020) to till the date of reimbursement (02.06.2021) of amount paid towards the petitioner's terminal and pension benefits namely EPF Employee's Contribution, Gratuity, Encashment of Earned / Sick Leaves and other monetary benefits etc., within a time frame as may be fixed by this Court, without affecting the petitioner's right to claim balance amounts towards those benefits.
For Petitioner : Mr.R.Murugan For Respondents : Mr.R.Rajamohan Standing Counsel.
ORDER
This Writ Petition has been filed for the issue of a Writ of Mandamus, directing the respondents to pay interest at the rate of 12% per annum, for the period of delay from the petitioner's date of retirement(29.02.2020) to till the date of reimbursement (02.06.2021) of amount paid towards the petitioner's terminal and pension benefits namely EPF Employee's Contribution, Gratuity, Encashment of Earned / Sick Leaves and other monetary benefits etc., within a time frame as may be fixed by this Court, without affecting the petitioner's right to claim balance amounts towards those benefits.
2. Heard the learned counsel appearing for the petitioner and the learned Standing Counsel appearing for the respondent.
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 was a Junior Tradesman in the respondents transport corporation. The petitioner retired from service on 29.02.2020. The respondents have settled the retirement benefits to the petitioner on 02.06.2021, a sum of Rs.9,26,640/- towards Gratuity, a sum of Rs.3,83,922/- towards Leave credit, a sum of Rs.5,75,579/- towards Employees Provident Fund.
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 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 to be in the present Writ Petition.
6. Mr.R.Rajamohan, learned Standing Counsel appearing for the respondent 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 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 in the retirement benefits.
8. With the above directions, this Writ Petition is disposed of. No costs.
Sd/- Assistant Registrar (CS-III) // True Copy // / /2021 Sub Assistant Registrar(CS) pnn 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, 2/3
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 General Manager, Management of Tamil Nadu State Express Transport Corporation Ltd., Pallavan Salai, Chennai-2.
+1 CC to M/s.R.MURUGAN, Advocate ( SR-26993[F] dated 23/08/2021 ) +1 CC to M/s.R.RAJAMOHAN, Advocate ( SR-27004[F] dated 23/08/2021 ) 23.08.2021 RD(31.08.2021) 3P 4C 3/3