Somasundaram.V v. The General Manager
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 01.11.2021
CORAM:
THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR V.Somasundaram ... Petitioner -vs1.The General Manager The Tamil Nadu State Transport Corporation (Tirunelveli) Ltd., Tirunelveli Region Thirunelveli-627 003 2.The Administrator Tamil Nadu State Transport Corporation Pension Trust Thiruvalluvar Illam Pallavan Salai, Chennai-2 ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of mandamus directing the respondents to pay interest to the petitioner at the rate of 6% per annum, for the period of delay from 30.04.2020 to 02.06.2021 in paying the amounts paid towards the terminal benefits within a time fixed by this Court.
For Petitioner :
Mr.Xavier.G.M.
For Respondents :
Mr.R.Rajamohan, Standing Counsel for R1 Mr.A.Swaminathan, Standing Counsel for R2
O R D E R
The prayer in this writ petition is for issuance of a writ of mandamus directing the respondents to pay interest at the rate of 6% per annum, for the delay period i.e. from 30.04.2020 to 02.06.2021 in paying the amounts towards the petitioner's terminal benefits, within a time stipulated by this Court.
2. Heard the learned counsel appearing for the petitioner and the learned Standing Counsel appearing for the respondents.
3. The petitioner is a retired employee of the respondent Transport Corporation. He retired from service on 30.04.2020. The respondents have settled the retirement benefits to the petitioner only in the month of June, 2021.
4. According to the petitioner, the issue involved in the present writ petition is that the respondents have settled the aforesaid amount belatedly, after a delay of more than one year and 1/3
they 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 decision, 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.
5. The learned Standing Counsel appearing for respondents would submit that the respondents have settled the retirement benefits to the petitioner belatedly. Therefore, the petitioner is entitled for interest as decided in the earlier writ petition of this Court in W.P.(MD).No.19950 of 2020.
6. 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 for the retirement benefits.
7. Accordingly, the writ petition is allowed. No costs. Sd/- Assistant Registrar (AD-I) // True Copy // / /2021 Sub Assistant Registrar(CS) krk/vsm 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:- 1.The General Manager The Tamil Nadu State Transport Corporation (Tirunelveli) Ltd., Tirunelveli Region Thirunelveli-627 003 2/3
2.The Administrator Tamil Nadu State Transport Corporation Pension Trust Thiruvalluvar Illam Pallavan Salai, Chennai-2 +1 CC to M/s.G.M.XAVIER, Advocate (SR-33565[F] dated 02/11/2021) +1 CC to M/s.R.RAJAMOHAN, Advocate (SR-33430[F] dated 01/11/2021) 01.11.2021 SRK(CO) GC/JGB(16.11.2021) 3P 5C 3/3