Disposed

Pom. Arumugam, v. the Secretary

Madras HC31 Jul 2015WP(MD)/12062/2015

Case brief

AI extract

What is this about?

Single Judge bench disposed of a writ petition seeking retirement benefits and interest. Dicted respondents to commence payment from September 2015 in installments as per a Division Bench judgment, referring to Supreme Court precedent on interest for delayed payments.

What did the court decide?

Direction to commence payment of retirement benefits from September 2015 in twelve equal monthly installments with applicable interest.

Pom. Arumugam, Vs the Secretary — Pension and Retirement Benefits | Madras HC (2015)

¶1

¶2

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED 31.07.2015 CORAM

¶3

THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN

¶4

W.P.(MD)NO.12062 of 2015

¶5

Pon.Arumugam ..Petitioner

¶6

¶7

The Secretary, Transport Department, Secretariat, St.George Fort, Chennai.

¶8

The Managing Director, Tamil Nadu State Transport Corporation, (Kumbakonam) Limited,

¶9

Kumbakonam, Thanjavur District.

¶10

The General Manager,

¶11

Tamil Nadu State Transport Corporation, (Kumbakonam) Limited,

¶12

Karaikudi, Sivagangai District. ..Respondents

¶13

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 pay the retirement benefits with interest to the petitioner in view of the representation dated 22.11.2014 and 10.07.2015.

¶14

For Petitioner :Mr. Senthil Dharmarajan For Respondents :Mr.R.Anandha Raj Government Advocate for R.1 :Mr.D.Sivaraman for R.2 and R.3

¶15

ORDER

¶16

When the matter is taken up for hearing, Mr.D.Sivaraman, 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.

¶17

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:

¶18

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

¶19

¶20

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.

¶21

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

¶22

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

¶23

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.

¶24

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

Sd/-

Assistant Registrar

/True Copy/

Sub Assistant Registrar

¶29

¶30

The Secretary, Transport Department, Secretariat, St.George Fort, Chennai.

¶31

The Managing Director,

¶32

Tamil Nadu State Transport Corporation, (Kumbakonam) Limited, Kumbakonam, Thanjavur District.

¶33

The General Manager, Tamil Nadu State Transport Corporation,

¶34

(Kumbakonam) Limited,

¶35

Karaikudi, Sivagangai District.

¶36

+1cc to Mr.Senthil Dharmarajan, Advocate SR.No.42924

¶37

+1cc to Mr.D.Sivaraman, Advocate SR.No.42833

¶38

+1cc to Special Government Pleader, Madurai. SR.No.43954

¶39

W.P.(MD)NO.12062 of 2015 31.07.2015

¶40

ssl

¶41

NS/19.08.2015 : 2p/7c

¶42

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

Pom. Arumugam, v. the Secretary

Case brief

What is this about?

What did the court decide?

Pom. Arumugam, v. the Secretary

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Parties & counsel

Coram

Case details

Similar cases

M.Aranganathan Vs the District Employment

V. Gandhimathi Vs the Director of Social Welfare

M. Ramalingam, Vs the Joint Director

R. Ravindran Vs the Secretary

U.Subramanian Vs the Managing Director

S. Kajalakshmi, Vs the State of Tamilnadu