Subramanian.N v. The Management Of

W.P.(MD) No.17154 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.09.2021

CORAM

THE HONOURABLE MR.JUSTICE S.S.SUNDAR W.P.(MD)No.17154 of 2021 N.Subramanian ... Petitioner vs.

The Management of State Transport Corporation (Kumbakonam) Ltd, Trichy Region, Represented by its General Manager, Trichy.

... Respondent PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, to direct the respondent to pay the petitioner interest at the rate of 6% 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 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 Respondent : Mr.P.Balasubramanian

O R D E R

This Writ Petition is filed to direct the respondents to pay 6% interest for the belated payment of terminal and pension benefits of the petitioner, namely, EPF Employee's Contribution, Gratuity, Encashment of Earned/Sick Leaves and Commuted Value of Pension payable to the petitioner from 01.05.2020 to 01.06.2021. 2.Heard Mr.S.Arunachalam, learned Counsel for the petitioner and Mr.P.Balasubramanian, learned Standing Counsel for the respondent.

3.By consent of both parties, the Writ Petition is taken up for final disposal at the stage of admission itself. 4.The petitioner is a retired employee of the respondent Transport Corporation. It is stated by the petitioner that he retired from service on attaining the age of superannuation. Though terminal benefits payable to petitioner was settled, it is stated that there is a long delay. Hence, the petitioner has come forward with the present Writ Petition claiming interest for the belated payment of retirement benefits.

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W.P.(MD) No.17154 of 2021 5.This Court, in similar circumstances, has awarded interest for the belated payment of terminal benefits. It is also admitted that uniformly, this Court has fixed the rate of interest at 6% per annum for the belated payment of terminal benefits. The learned Standing Counsel appearing for the respondent Corporation submitted that the payment of interest may be directed to be settled to the petitioner in six equal monthly instalments commencing from 05th of November 2021.

6.In view of the above, this Writ Petition is disposed of with the direction to the respondent to pay interest at the rate of 6% per annum for the belated payment of retirement benefits for the period from the date when the amount fell due till the date of actual disbursement. The respondent shall calculate the interest forthwith and disburse the entire amount payable in six equal monthly instalments commencing from 05.11.2021. The entire payment should be completed before 05.04.2022. If there is any further delay in payment of interest, the interest will be at 8% per annum and it is also open to the petitioner to approach this Court for higher rate of interest, in case, the dues are not settled within one year from this date. No costs.

Sd/- Assistant Registrar (AD II) // True Copy // / /2021 Sub Assistant Registrar(CS) tmg/cmr +1 CC to M/s.P.BALASUBRAMANIAM, Advocate ( SR-29977[F] dated 22/09/2021 ) W.P.(MD) No.17154 of 2021 22.09.2021 MGJ(06.10.2021) 2P 2C https://hcservices.ecourts.gov.in/hcservices/ 2/2