Vijayakumar S v. The Tamil Nadu State Transport Corporation (Tirunelveli) Ltd

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03.09.2021

CORAM:

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR S.Vijayakumar ... Petitioner vs.

1.The Tamil Nadu State Transport Corporation (Tirunelveli) Ltd., Tirunelveli Division, Represented by its Managing Director, Kattapomman Nagar, V.M.Chathiram, Tirunelveli.

2.The Tamil Nadu State Transport Corporation (Tirunelveli) Ltd., Nagercoil Region, Represented by its General Manager, Ranithottam, Nagercoil.

... Respondents PRAYER: Writ Petitions filed under Article 226 of the Constitution of India 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 (30.04.2020) to till the date of reimbursement (02.06.2021) of the amount paid towards the terminal and pension benefits namely EPF Employee's Contribution, Gratuity, Encashment of Earned/Sick Leaves and the other monetary benefits etc., within a time frame as may be fixed by this Court, without affecting the petitioner's right to claim the balance amounts towards those benefits.

For Petitioner : Mr.R.Murugan For Respondents : Mr.R.Rajamohan, Standing counsel

O R D E R

This petition has been filed seeking for issuance 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 (30.04.2020) to till the date of reimbursement (02.06.2021) of the amount paid towards the terminal and pension benefits namely EPF Employee's Contribution, Gratuity, Encashment of Earned/Sick Leaves and the other monetary benefits etc., within a time frame as may be fixed by this Court, without affecting the petitioner's right to claim the balance amounts towards those benefits.

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 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 on 02.06.2021.

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 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 respondents 1 & 2 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 direction, the writ petition stands disposed of. No costs.

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

To 1.The Managing Director, The Tamil Nadu State Transport Corporation (Tirunelveli) Ltd., Tirunelveli Division, Kattapomman Nagar, V.M.Chathiram, Tirunelveli.

2.The General Manager, The Tamil Nadu State Transport Corporation (Tirunelveli) Ltd., Nagercoil Region, Ranithottam, Nagercoil.

+1 CC to M/s.R.MURUGAN, Advocate ( SR-28105[F] dated 03/09/2021 ) +1 CC to M/s.R.RAJAMOHAN, Advocate ( SR-28132[F] dated 03/09/2021 ) Order made in W.P.(MD) No.15809 of 2021 03.09.2021 RS (17.09.2021) 3P 5C 3/3