D.Thothathri v. Tamilnadu State Transport Corporation Ltd.,
W.P.(MD)No.26830 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 17.12.2019
CORAM:
THE HONOURABLE MR.JUSTICE M.S.RAMESH W.P.(MD)No.26830 of 2019 D.Thothathri ... Petitioner Vs.
1. Tamil Nadu State Transport Corporation Ltd., Rep.by its Managing Director, Madurai Division, Bye Pass Road, Madurai-625 016.
2. The General Manager, Tamil Nadu State Transport Corporation Ltd., Dindigul Region, Collectrate Complex, Dindigul-624 005.
3. The Administrator, Tamil Nadu State Transport Corporation- Employees Pension Fund Trust, Thiruvalluvar Illam, PallavanSalai, 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 respondents to pay 18% interest for the belated payment of terminal benefits of P.F. and Commutaiton, payable to the petitioner from the date of his retirement i.e. 31.03.2016 to till the date of actual payment made to him and all other attendant benefits within the stipulated period.
For Petitioner : Mr.A.Rahul For Respondents : Mr.J.Senthilkumaraiah
ORDER
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 https://hcservices.ecourts.gov.in/hcservices/ 1/2
W.P.(MD)No.26830 of 2019 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 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, 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 +1 CC to M/s.A.K.THANGAVELU, Advocate (SR-105492[F] dated 18/12/2019) +1 CC to M/s.J.SENTHI KUMARAIAH, Advocate (SR-105727[F] dated 18/12/2019) +1 CC to M/s.SPL.GP ( SR-105918[F] dated 19/12/2019 ) GNS TE : 06/01/2020 : 2P/4C W.P.(MD)No.26830 of 2019 17.12.2019 https://hcservices.ecourts.gov.in/hcservices/ 2/2