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Madras High CourtWP(MD)/16240/2021allowed

Thirunavukkarasu P v. The Management Of

2021-09-08Honourable Mr Justice D. Krishnakumar2 pages

WP(MD) No.16240 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 08.09.2021

CORAM

THE HON'BLE MR. JUSTICE D.KRISHNAKUMAR WP(MD) No.16240 of 2021 P. Thirunavukkarasu, ... Petitioner Vs.

The Management of Tamil Nadu State of Transport Corporation (Thirunelveli) Ltd, Thirunelveli Region, Rep.by its General Manager, Thirunelveli.

...Respondent

PRAYER: Petition filed under Article 226 of the Constitution of India, for the issuance of a Writ of Mandamus, directing the respondent to pay the petitioner interest at the rate of 6% per annum, for the period of delay from 01.03.2020 to 01.06.2021, in paying the amounts paid towards his terminal benefits namely EPF Employee's Contribution, Gratuity and Encashment of Earned/Sick Leaves within the time framed fixed by this Court and without affecting the petitioner's right to claim balance amounts towards those benefits.

For Petitioner :

Mr.S. Arunachalam For Respondent :

Mr.R. Rajamohan Standing Counsel

O R D E R

This Writ Petition has been filed for the issue of a Writ of Mandamus, directing the respondent to pay 6 % interest on the delayed payment of retirement benefits paid to the petitioner in view of the petitioner's representation dated 30.06.2021.

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.

4. The petitioner is a retired employee of the respondent transport corporation. The petitioner retired from service on 29.02.2020. The respondent has 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 respondent had settled the https://hcservices.ecourts.gov.in/hcservices/ 1/2

WP(MD) No.16240 of 2021 aforesaid amount belatedly, after a delay of more than 1 year and the respondent has 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 04.01.2020, 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 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 respondent 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. The Writ Petition is allowed. No costs.

Sd/- Assistant Registrar (W) // True Copy // / /2021 Sub Assistant Registrar(CS) mnr To The General Manager, The Management of Tamil Nadu State of Transport Corporation (Thirunelveli) Ltd, Thirunelveli Region, Thirunelveli.

+1 CC to M/s.R.RAJAMOHAN, Advocate (SR-28591[F] dated 08/09/2021) WP(MD) No.16240 of 2021 08.09.2021 GC(22.09.2021) 2P 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2