W.P.(MD)No.13935 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 28.06.2024
CORAM:
THE HONOURABLE MS.JUSTICE R.N.MANJULA
W.P.(MD)No.13935 of 2024
P.Dhavaraj ... Petitioner
vs.
1.The Tamil Nadu State Transport Corporation
(Tirunelveli) Ltd.,
Tirunelveli Division,
Rep. by its Managing Director,
Kattapomman Nagar, V.M.Chathiram,
Tirunelveli.
2. The Tamil Nadu State Transport Corporation
(Tirunelveli) Ltd.,
Nagercoil Region,
Rep. by its General Manager,
Ranithottam, Nagercoil.
... Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of India
praying to issue a Writ of Mandamus directing the respondents to pay
interest at the rate of 12% per annum, for the period of delay from the
petitioner's date of retirement (31.05.2018) to till the date of
reimbursement (23.09.2019), of amount paid towards the petitioner's
terminal and pension benefits namely EPF Employee's Contribution,
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W.P.(MD)No.13935 of 2024
Gratuity and other monetary benefits etc., within a time frame as may be
fixed by this Court without affecting the petitioner's right to claim balance
amount towards those benefits.
For Petitioner : Mr.R.Murugan
For Respondents : Mr.K.Ramaiah,
Standing Counsel
O R D E R
Heard Mr.R.Murugan, learned counsel appearing for the
petitioner and Mr.K.Ramaiah, learned Standing Counsel appearing for the
respondents.
2.
The petitioner has filed this petition seeking to issue a Writ
of Mandamus directing the respondents to pay interest at the rate of 12%
per annum, for the period of delay from the petitioner's date of retirement
(31.05.2018) to till the date of reimbursement (23.09.2019), of amount
paid towards the petitioner's terminal and pension benefits namely EPF
Employee's Contribution, Gratuity and other monetary benefits etc.,
within a time frame as may be fixed by this Court without affecting the
petitioner's right to claim balance amount towards those benefits.
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W.P.(MD)No.13935 of 2024
3.
By consent of both parties, the writ petition is taken up for
final disposal at the admission state itself.
4.
The petitioner was appointed as a Conductor in the
respondent Corporation on 15.05.1986 and after completion of 32 years,
he was designated as Special Grade Conductor. While so, he retired on
31.05.2018 on attaining the age of superannuation. The petitioner has
filed this petition seeking interest for the belated settlement of terminal
and pensionary benefits.
5.
It is admitted that the petitioner's terminal and pensionary
benefits were not settled immediately but only belatedly i.e., on
23.09.2019. The only question that arises for consideration is with regard
to the rate of interest payable on the belated settlement.
6.
The similar issue raised in this writ petition has already been
decided by this Court vide order, dated 07.03.2023 in W.P(MD)No.4866
of 2023 (C.Murugan Vs. The Tamil Nadu State Transport Corporation
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W.P.(MD)No.13935 of 2024
(Tirunelveli) Ltd., & Another), wherein, it is held as under:
3. Insofar as the petitioner's claim for
interest on the belated payment of terminal benefits is
concerned, this Court has passed various orders,
justifying the payment of interest to the aggrieved
pensioners and in the case of S.P.Ramasamy Vs. The
Managing Director, Tamil Nadu State Transport
Corporation (Kumbakonam) Ltd. and others passed
in W.P.(MD).No.26481 of 2019, dated 13.12.2019,
the following order came to be passed:-
"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."
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W.P.(MD)No.13935 of 2024
7.
In view of the above, the writ petition is disposed of with a
direction to the respondent Corporation to pay interest at the rate of 6%
per annum for belated settlement of petitioner's terminal and pensionary
benefits within a period of twelve (12) weeks from the date of receipt of
a copy of this order. No costs.
28.06.2024
NCC: Yes/No
Index : Yes/No
RR
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W.P.(MD)No.13935 of 2024
R.N.MANJULA, J.
RR
W.P.(MD)No.13935 of 2024
28.06.2024
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