Veerasubramanian.P v. The Managing Director

W.P.(MD) No. 18434 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 08.10.2021

CORAM

THE HON'BLE MR. JUSTICE D.KRISHNAKUMAR W.P.(MD) No. 18434 of 2021 P.Veerasubramanian ... Petitioner Vs.

The Managing Director, Tamilnadu State Transport Corporation (Tirunelveli) Ltd., 23/2, Kattaboman nagar, Tirunelveli - 627 011.

...Respondent

PRAYER: Petition filed under Article 226 of the Constitution of India, for issue of Writ of Mandamus, directing the respondent to pay interest at the rate of 6% per annum to the petitioner for the belated payment of Gratuity, Provident fund and Leave salary from the date of retirement to the date of actual payment and to pass such other or further orders as this Court.

For Petitioner :

Mr.C.Thangamani 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 09.08.2021.

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 31.07.2019. The respondent has settled the retirement benefits on January 2021.

5. According to the petitioner, the issues involved in the present writ petition are that the respondent had settled the 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 https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD) No. 18434 of 2021 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 stands allowed. No costs. Sd/- Assistant Registrar (W) // True Copy // / /2021 Sub Assistant Registrar(CS) btr/mnr 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. To The Managing Director, Tamil Nadu State Transport Corporation (Tirunelveli) Ltd., 23/2, Kattaboman nagar, Tirunelveli - 627 011.

+1 CC to M/s.R.RAJAMOHAN, Advocate (SR-31894[F] dated 11/10/2021) +1 CC to M/s.C.THANGAMANI, Advocate (SR-31841[F] dated 08/10/2021) W.P.(MD).No.18434 of 2021 08.10.2021 NA(CO) GC(27.10.2021) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2