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2021 Supreme(Mad) 1681

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
D. KRISHNAKUMAR, J.
V. Subramanian – Appellant
Versus
The Tamil Nadu State Transport Corporation (Kumbakonam) Ltd., Rep. by its Managing Director, Kumbakonam & Others – Respondent
W.P(MD) No. 18180 of 2021
Decided on : 06-10-2021

Advocates:
Advocate Appeared:
For the Appellant :A. Rahul, Advocate.
For the Respondents: D. Sivaraman, A. Swaminathan, Standing Counsel.

Headnote:

Constitution of India,1950 – Article 226 – Mandamus – Gratuity - Provident Fund - Pension - Writ Petition filed under Article 226 of Constitution of India, praying this Court to issue a Writ of Mandamus, directing respondents to settle interest at rate of 6% per annum for the belated payment of petitioner's terminal benefits including Gratuity, Terminal Leave Salary, Commuted Value of Pension and Provident Fund from the date of his retirement to till the date on which said benefits were settled to him - This Writ Petition has been filed for issue of a Writ of Mandamus, directing respondents to settle interest at rate of 6% per annum for belated payment of petitioner's terminal benefits including Gratuity, Terminal Leave Salary, Commuted Value of Pension and Provident Fund from the date of his retirement to till date on which said benefits were settled to him – Held, In light of observations and with the consent of both parties, there shall be a direction to respondents to pay the penal interest at the rate per annum on belated payment of retirement benefits for period from the date of retirement till date of actual disbursement, as expeditiously as possible and in any event, within a period of four months from date of receipt of a copy of this order, subject to condition that if the petitioner has not already given up his right for claiming interest in the retirement benefits - With direction, writ petition stands disposed of.

JUDGMENT :

(Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondents to settle interest at the rate of 6% per annum for the belated payment of petitioner's terminal benefits including Gratuity, Terminal Leave Salary, Commuted Value of Pension and Provident Fund from the date of his retirement to till the date on which the said benefits were settled to him.)

1. This Writ Petition has been filed for the issue of a Writ of Mandamus, directing the respondents to settle interest at the rate of 6% per annum for the belated payment of petitioner's terminal benefits including Gratuity, Terminal Leave Salary, Commuted Value of Pension and Provident Fund from the date of his retirement to till the date on which the said benefits were settled to him.

2. Heard the learned counsel appearing for the petitioner and the learned Standing Counsel appearing for the respondents.

3. By consent of both parties, this writ petition is taken up for final disposal at the admission stage itself.

4. The petitioner is a retired employee of the respondent transport corporation. The petitioner retired from service on 29.02.2020. The respondents have settled the retirement benefits to the petitioner only in the month of June 2021.

5. According to the petitioner, the issues involved in the present writ petition are that the respondents had settled the aforesaid amount belatedly, after a delay of 1 year and the respondents have also not paid interest for the belated payment to the petitioner. Hence, the petitioner has made a representation to the concerned authorities to pay interest at the rate of 6 % per annum. The petitioner has also relied on the decision of the earlier writ petition of this court in W.P.(MD)No.19950 of 2020 dated 04.01.2021, J. Gurumoorthy vs TNSTC (Kumbakonam) Ltd. In the above referred judgment, this Court has fixed the rate of interest at 6 % per annum for the belated payment of retirement benefits. On the same line, orders to be in the present Writ Petition.

6. Mr.D.Sivaraman, learned Standing Counsel appearing for the respondents 1 & 2, would submit that the respondents had settled the retirement benefit to the petitioner belatedly. Therefore, the petitioner is entitled for the interest as decided in the earlier writ petition of this Court in W.P.(MD).No. 19950 of 2020.

7. In the light of the above observations and with the consent of both parties, there shall be a direction to the respondents 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, within a period of four months from the date of receipt of a copy of this order, subject to the condition that if the petitioner has not already given up his right for claiming interest in the retirement benefits.

8. With the above direction, the writ petition stands disposed of. No costs.

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