Allowed

M.Stephen Alexander v. the General Manager

Madras HC27 Oct 2017WP(MD)/19381/2017

Case brief

AI extract

What is this about?

This Writ Petition under Article 226 seeking direction for payment of interest on Gratuity, Provident Fund, and pension arrears was disposed of by relying on a similar order passed in a previous case (W.P.(MD)No.354 of 2017), directing the First Respondent to pay 18% default interest and the Second Respondent to pay pension arrears with interest.

What did the court decide?

Directed First Respondent to pay 18% interest on belated Gratuity/Provident Fund; Directed Second Respondent to pay Rs.72,012/- pension arrears with 18% interest.

M.Stephen Alexander Vs the General Manager — Pension and Retirement Benefits | Madras HC (2017)

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED : 27.10.2017

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C O R A M

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THE HONOURABLE MR.JUSTICE P.D.AUDIKESAVALU

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W.P.(MD)No.19381 of 2017

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M.Stephen Alexander ... Petitioner

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Vs.

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1.The General Manager, State Express Transport

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Corporation (Tamil Nadu) Limited,

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Pallavan Salai, Chennai-600 002.

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2.The Administrator,

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Tamil Nadu State Transport Employees Pension Fund Trust, Thiruvalluvar Illam, Pallavan Salai, Chennai-2. ...Respondents

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Prayer: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the first respondent to pay the petitioner 18 % interest for the belated payment of Gratuity, Provident Fund and further directing the second respondent to pay a sum of Rs.72,012/- towards the arrear of pension commutation together with 18% interest per annum within a time frame as may be fixed by this Court.

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For Petitioner : Mr.R.Murugan For Respondents : Mr.K.Sathya Singh, Standing Counsel.

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O R D E R

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This Writ Petition has been filed for issuance of Writ of Mandamus, directing the first respondent to pay 18 % interest for the belated payment of Gratuity, Provident Fund and further directing the second respondent to pay a sum of Rs.72,012/towards the arrear of pension commutation together with 18% interest per annum within a time frame as may be fixed by this Court.

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2.This Court in similar circumstances by order dated 09.01.2017 in W.P.(MD)No.354 of 2017 has held as follows:“13.Following the Division Bench Judgment of this https://hcservices.ecourts.gov.in/hcservices/ Court, the Courts are consistently passing orders for payment of retirement dues with interest at 6 % p.a. with default interest of 18 % p.a.

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14.Accordingly, the respondent is directed to pay the interest due (at rate of 6 % p.a.) on the retirement dues already paid, within a period of six weeks from the date of receipt of a copy of this order, failing which, the default interest would be 18 % p.a. and the interest portion can be recovered from the Managing Director's personal amount or from the account of the Secretary to Government in view of the judgment of the Apex Court in Central Co-operative Consumers' Store Limited .Vs. Labour Court, H.P. At Shimla and another reported in AIR 1994 SC 23.”

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3.Resultantly, this Writ Petition is also disposed on the aforesaid terms. The respondents shall file a report of compliance of the aforesaid direction before the Registrar (Judicial) of this Court on or before 31.12.2017. No costs.

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Sd/-

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Assistant Registrar(P&A)

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/True Copy/

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Sub Assistant Registrar

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1.The General Manager, State Express Transport Corporation (Tamil Nadu) Limited, Pallavan Salai, Chennai-600 002.

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