Sp.Ramasamy v. The Managing Director,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13.12.2019

CORAM:

THE HONOURABLE MR.JUSTICE M.S.RAMESH SP.Ramasamy ..Petitioner Vs

1. The Managing Director

2. The General Manager Karaikudi Region Mardhupathi Managiri Post Karaikudi Sivagangai District

3. The Financial Adviser Tamil Nadu State Transport Corporation (KMB) Ltd ..Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus or any other writ or Order or Direction in the nature of Writ and consequently direct the respondents to disburse interest at the rate of 6% for retirement benefits Gratuity, Provident Fund, Leave Salary and pass such other orders.

For Petitioner : Mr.K.Gokul For Respondents : Mr.D.Sivaraman

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 on 20.09.2019 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 1/3

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 Counsel appearing for the respondent/Corporation 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 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 direction, this Writ Petition is ordered. No costs.

Sd/- Assistant Registrar (CS-II) // True Copy // Sub Assistant Registrar(CS) vrn To

1. The Managing Director 2/3

2. The General Manager Karaikudi Region Mardhupathi Managiri Post Karaikudi Sivagangai District

3. The Financial Adviser Tamil Nadu State Transport Corporation (KMB) Ltd +1 CC to Mr.D.SIVARAMAN, Advocate ( SR-105024[F] dated 13/12/2019 ) +1 CC to Mr.K.GOKUL, Advocate ( SR-105147[F] dated 16/12/2019 ) 13.12.2019 VB(31.12.2019) 3P 6C 3/3