A.Sivaji v. The Managing Director

W.P.(MD) No.26365 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 12.12.2019

CORAM:

THE HONOURABLE MR.JUSTICE M.S.RAMESH W.P.(MD) No.26365 of 2019 A.Sivaji ... Petitioner vs.

1.The Managing Director, Tamil Nadu State Transport Corporation (Kum) Ltd., TNSTC Head Office, No.27, Railway Station New Road, Kumbakonam-612 001.

2.The Administrator, Tamil Nadu State Transport Corporation, Pension Fund Trust, Thiruvalluvar Illam, Pallavan Salai, Chennai-02.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of writ of mandamus, to direct the respondents pay the 6% interest on the delayed payment of retirement benefits paid to the petitioner and pay the amount under the employees welfare fund scheme in view of the petitioner's representation dated 31.10.2019.

For Petitioner : Mr.SP.Vijay Nivas For R-1 : Mr.D.Sivaraman Standing Counsel For R-2 : Mr.A.Swaminathan

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 in the month of August 2019 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 respondent corporation would submit that in view of the financial burden cast https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD) No.26365 of 2019 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 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 employee.

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 disposed of. No costs.

Sd/- Assistant Registrar // True Copy // Sub Assistant Registrar(CS ) cp To:-

1. The Managing Director, Tamil Nadu State Transport Corporation (Kum) Ltd., TNSTC Head Office, No.27, Railway Station New Road, Kumbakonam-612 001.

2. The Administrator, Tamil Nadu State Transport Corporation, Pension Fund Trust, Thiruvalluvar Illam, Pallavan Salai, Chennai-02.

+1 CC to Mr.D.SIVARAMAN, Advocate ( SR-104813[F] dated 13/12/2019 ) +1 CC to Mr.S.P.VIJAY NIVAS, Advocate ( SR-104906[F] dated 13/12/2019 ) Order made in W.P.(MD) No.26365 of 2019 12.12.2019 (4/4) MK (03.01.2020) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2