C.Wilson v. The Managing Director
W.P.(MD) No.26238 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11.12.2019
CORAM:
THE HONOURABLE MR.JUSTICE M.S.RAMESH W.P.(MD) No.26238 of 2019 C.Wilson ... Petitioner vs.
1.The Managing Director, Tamil Nadu State Transport Corporation (Tirunelveli) Ltd., No.19, Trivandrum Road, Vannarapettai Post, Tirunelveli 627 001.
2.The General Manager, Tamil Nadu Transport Corporation (Tirunelveli) Ltd., Nagercoil Region, Ranithottam, Nesamony Nagar, Nagercoil 629 001.
3.The Administrator, Tamil Nadu State Transport Corporation Employees Pension Fund Trust, Thiruvalluvar Illam, Pallavan Salai, Chennai 600 002.
... Respondents 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 salary from the year 2013 to 31.05.2015 and pay the interest thereon till the actual date of payment and further to pay the interest on belated payment of Gratuity amount from the date of the petitioner's retirement to 31.08.2019.
For Petitioner : Mr.K.Vamanan For Respondents : Mr.K.Sathyasingh Standing Counsel (for R1 & R2) Mr.A.Swaminathan Standing Counsel (for R3)
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.
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W.P.(MD) No.26238 of 2019 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 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 respondents 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 employee.
6.In the light of the above observations, there shall be a direction to the respondents 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, 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 disposed of. No costs.
Sd/- Assistant Registrar (AS) // True Copy // / /2020 Sub Assistant Registrar(CS ) rmk +1 CC to Mr.K.SATHYASINGH, Advocate ( SR-104481[F] dated 11/12/2019 ) +1 CC to Mr.A.SWAMINATHAN, Advocate ( SR-104522[F] dated 11/12/2019 ) +1 CC to Mr.K.VAMANAN, Advocate ( SR-104762[F] dated 12/12/2019 ) W.P.(MD) No.26238 of 2019 11.12.2019 MK (07.01.2020) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2