S.Rajan Babu v. The Managing Director
W.P.(MD) No.26025 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 06.12.2019
CORAM:
THE HONOURABLE MR.JUSTICE M.S.RAMESH W.P.(MD) No.26025 of 2019 S.Rajan Babu ... Petitioner vs.
1.The Managing Director, Tamil Nadu State Transport Corporation (Tirunelveli) Ltd., V.M.Chathram, Tirunelveli-627 011.
2.The Administrator, Tamil Nadu State Transport Employees' Pension Fund Trust, Thiruvalluvar House, Pallavan Salai, Chennai-2.
... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of writ of mandamus, to direct the respondents to pay interest at the rate of 6% per annum to the petitioner for the belated payment of Leave salary and Pension Commutation from the date of retirement to the date of actual payment.
For Petitioner : Mr.C.Thangamani For Respondents : Mr.K.Sathiya Singh Standing Counsel (for R1) Mr.A.Swaminathan Standing Counsel (for R2)
O R D E R
By consent of both parties, this writ petition is taken up for final disposal at the stage of admission itself. 2.The petitioner's retirement benefits were settled belatedly and in view of such belated settlement, the present writ petition has been filed seeking for interest on the belated payment of the terminal benefits.
3.It is brought to the notice of this Court that in an identical cases, a batch of writ petitions entertained by this Court and directions have been issued to the respondents to pay the interest at the rate of 6% on the belated payment of the terminal benefits. This Court does not intend to deviate from the said procedure.
4.The learned Standing Counsel appearing for the respondents would submit that in view of the financial burden cast on the respondent Corporation, they may be permitted to pay the interest https://hcservices.ecourts.gov.in/hcservices/ 1/2
W.P.(MD) No.26025 of 2019 on the belated payment in a liberal monthly installments. 5.I am not in agreement with the said representation made. There was already a duty cast on the respondent Corporation to pay the terminal benefits on the date of retirement itself and the very fact that the belated disbursement of retirement benefit, had already put the retired employee to serious prejudice, entertaining the present request for disbursement of the interest on the belated payment in installments, could cause further prejudice to the retired employees.
6.In the light of the above observations, there shall be a direction to the respondent Corporation 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, not before the expiry of three months from the date of receipt of a copy of this order. 7.With the above directions, this Writ Petition is allowed. No costs.
Sd/- Assistant Registrar (CS-II) // True Copy // Sub Assistant Registrar(CS) Cp TO 1.The Managing Director, Tamil Nadu State Transport Corporation (Tirunelveli) Ltd., V.M.Chathram, Tirunelveli-627 011.
2.The Administrator, Tamil Nadu State Transport Employees' Pension Fund Trust, Thiruvalluvar House, Pallavan Salai, Chennai-2.
+1 CC to MR.C.THANGAMANI, Advocate ( SR-103882[F] dated 06/12/2019 ) +1 CC to MR.K.SATHIYA SINGH, Advocate ( SR-104010[F] dated 09/12/2019 ) +1 CC to MR.A.SWAMINATHAN, Advocate ( SR-104134[F] dated 10/12/2019 ) W.P.(MD) No.26025 of 2019 06.12.2019 KM/(19.12.2019) 2P 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2