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K.E.Moorthy v. The Government of Tamil Nadu

Madras HC7 Sept 2021WP/18631/2021

Case brief

AI extract

What is this about?

The Court disposed of a writ petition seeking 18% interest on delayed retirement benefits. Relying on a subsequent order reducing the rate due to financial constraints during the pandemic, the Court directed payment of interest at 4% per annum in six instalments.

What did the court decide?

Direction to pay interest at 4% per annum for belated payment of benefits in six equated monthly instalments.

K.E.Moorthy Vs The Government of Tamil Nadu — Pension and Retirement Benefits | Madras HC (2021)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 07.09.2021

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CORAM

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THE HONOURABLE MR.JUSTICE C.SARAVANAN

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W.P.No.18631 of 2021 and

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W.M.P.No.19876 of 2021 (Through Video Conferencing)

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1.K.E.Moorthy 2.S.V.Ramasamy 3.E.Krishnamurthi 4.A.Madhavan 5.V.G.Jayaraman 6.S.A.Arumugham ...Petitioners

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The Government of Tamil Nadu, Represented by its Secretary to Government, Transport Department, Secretariat, Chennai – 600 009.

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The Managing Director, Tamil Nadu State Transport Corporation (Villupuram) Ltd., Villupuram Division, Villupuram District.

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The General Manager, Tamil Nadu State Transport Corporation (Villupuram) Ltd., Kancheepuram Region, Kancheepuram District.

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The Administrator, Tamil Nadu State Transport Corporation Employees Pension Fund Trust, Thiruvalluvar House, Pallavan Salai, Chennai – 600 002. ...Respondents

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Prayer : Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the respondents to settle the interest for the belated payment of retirement benefits such as Gratuity, Earned Leave, Medical Leave, Commutation of Pension, Provident Fund and other retirement benefits payable to the petitioners with 18% rate of interest.

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

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For Petitioners : Mr.N.Sudhagar Nagaraj For Respondents : For R1 : Mr.L.S.M.Hasan Fizal Government Advocate For R2 to R4 : Mr.C.S.K.Sathish Standing Counsel

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ORDER

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Though this writ petition has been filed for a Mandamus, to direct the respondents to settle interest at the rate of 18% per annum for the belated payment of the petitioners Gratuity, Earned Leave, Medical Leave, Commutation of Pension, Provident Fund and other retirement benefits, in terms of the decision of this Court in W.P.No.15886 of 2020 vide order dated 19.01.2021, it is noticed that this view has been subsequently modified in W.P.No.506 of 2021 vide order dated 24.03.2021 considering the constraints of the State Finance due out break of Covid-19 Pandemic with the following observations:-

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“(i) Respondent/Transport Corporation is directed to pay interest @ 4% per annum to the Petitioner for the belated payment of gratuity, leave salary and communication of pension amount that are yet to be settled, in six equal monthly instalments, commencing 01.04.2021.

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(ii) In case of delay in making instalments within the time stipulated supra, with reference to the judgment of the Division Bench of this Court (supra), interest payable for the period of delay shall be at 6% per annum.”

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Considering the same, this Writ Petition is disposed by directing the respondents to pay interest at the rate of 4% per annum to the petitioners for the belated payment of Gratuity, Earned Leave, Medical Leave etc., within a period of six months in six equated monthly instalments.

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This Writ Petition stands disposed of with the above observations. No costs. Consequently, connected Writ Miscellaneous Petition is closed.

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Sd/-

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Assistant Registrar(CS VII)

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//True Copy//

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Sub Assistant Registrar

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

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arb
To
1.	The Secretary, Government of Tamil Nadu, Transport Department, Secretariat, Chennai – 600 009.
2.	The Managing Director, Tamil Nadu State Transport Corporation (Villupuram) Ltd., Villupuram Division, Villupuram District.
3.	The General Manager, Tamil Nadu State Transport Corporation (Villupuram) Ltd., Kancheepuram Region, Kancheepuram District.
4.	The Administrator, Tamil Nadu State Transport Corporation Employees Pension Fund Trust, Thiruvalluvar House, Pallavan Salai, Chennai – 600 002.
+1c +1c	c to Mr.N.Sudhagar Nagaraj, Advocate Sr No.45112 c to Government Pleader Sr No.45881
	W.P.No.18631 of 2021 and W.M.P.No.19876 of 2021

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RLD (CO) PR (27/09/2021)

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

K.E.Moorthy v. The Government of Tamil Nadu

Case brief

What is this about?

What did the court decide?

K.E.Moorthy v. The Government of Tamil Nadu

Case brief

What is this about?

What did the court decide?

What the court decided

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