Disposed

V. Shanmugam, v. the Tamil Nadu State

Madras HC27 Jul 2015WP(MD)/11624/2015

Case brief

AI extract

What is this about?

Single judge disposed of a writ petition seeking 12% interest on belated retirement benefits. Relying on a Division Bench judgment mandating eight instalments with 6% interest, the court directed respondents to pay the arrears effective September 2015 as per the higher court's directions. Petition disposed of.

What did the court decide?

Directed respondents to commence payment of retirement benefits from September 2015 in installments as per the Division Bench judgment of 12.06.2015.

V. Shanmugam, Vs the Tamil Nadu State — Pension and Retirement Benefits | Madras HC (2015)

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V.Shanmugam

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 27.07.2015

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CORAM:

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THE HONOURABLE Mr.JUSTICE S.VAIDYANATHAN

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W.P.(MD)No.11624 of 2015

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... Petitioner

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Vs.

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1.The Managing Director,

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The Tamil Nadu State Transport Corporation (Kumbakonam) Ltd., New Railway Station Road,

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Kumbakonam,

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Thanjavur District.

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2.The General Manager,

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The Tamil Nadu State Transport Corporation (Kumbakonam) Ltd., Kumbakonam Region,

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Kumbakonam.

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3.The Administrator,

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The Tamil Nadu State Transport Corporation Pension Fund Trust, Thiruvalluvar House,

Pallavan Salai,

Chennai 600 002.

... Respondents

PRAYER: Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents to pay interest at the rate of 12% per annum for the belated settlement of retirement benefits such as Gratuity, Commuted Value of Pension, Cholan Employees Security Scheme arrears, Leave Salary etc. to the petitioner payable from the date of retirement i.e. from 31.03.2011 to till the date of actual payment to the petitioner within the time that maybe stipulated by this Court.

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For Petitioner : Mr.A.Rahul For Respondents : Mr.D.Sivaraman

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ORDER

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When the matter is taken up for hearing, The learned Standing Counsel appearing for the respondents submitted that the issue is covered by a judgment, passed by the Honourable Division Bench in WA (MD).Nos.383 to 457 of 2015, dated 12.06.2015. He would further submit that the respondents would consider the request of the petitioner, in the light of the judgment passed by the Honourable Division Bench.

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For ready reference, the judgment passed by the Honourable Division Bench in WA (MD).Nos.383 to 457 of 2015, dated 12.06.2015 is extracted as follows:

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"The learned Additional Advocate General submits that he has obtained written instructions vide letter https://hcservices.ecourts.gov.in/hcservices/ No.7945/E/2015-2 dated 11.06.2015 that the terminal benefits of the appellants would be settled through twelve equal monthly instalments, carrying interest of 6% p.a.

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2.The said statement is thus taken on record and the respondents will be bound by the same, we have to keep in mind the judicial pronouncement of the Honourable Supreme Court in D.D.TEWARI (D) THR. LRS. Vs. UTTAR HARYANA BIJLI VITRAN NIGAM LTD & ORS {2014 (9) SCALE - 78}, wherein it is held that in case of any delay in making the payment of the instalments, the interest payable would become 18% p.a., for the delayed period apart from any other remedy which may be available to the appellants for noncompliance of undertaking given to this Court.

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3.The instalments to be paid from July 2015 and each instalment should be paid on or before 7th of each month.

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4.The writ appeals are disposed of accordingly. No costs."

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Taking note of the fact that in the aforesaid judgment that the instalment has to be paid from July 2015 and that the instalment should be paid on or before 7th day of each month, the respondents are directed to commence instalments from September, 2015 and pay the amount in installments as per the direction given by the Honourable Division Bench in the above said judgment.

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4.The writ petition is disposed of with the above direction. There is no order as to costs.

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Sd/-

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Assistant Registrar(Writs)

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/TRUE COPY/

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Sub Assistant Registrar

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1.The Managing Director,

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The Tamil Nadu State Transport Corporation (Kumbakonam) Ltd., New Railway Station Road, Kumbakonam,

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Thanjavur District.

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2.The General Manager,

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The Tamil Nadu State Transport Corporation (Kumbakonam) Ltd., Kumbakonam Region, Kumbakonam.

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3.The Administrator,

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The Tamil Nadu State Transport Corporation Pension Fund Trust, Thiruvalluvar House,

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Pallavan Salai,

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Chennai 600 002.

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+2cc to Mr.D.Sivaraman,Advocate SR.No.42027

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W.P.(MD)No.11624 of 2015 27.07.2015

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nbj https://hcservices.ecourts.gov.in/hcservices/

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PA/AMF/SAR-I/26.08.2015/2P/6C (IT)

V. Shanmugam, v. the Tamil Nadu State

Case brief

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V. Shanmugam, v. the Tamil Nadu State

Case brief

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