Partly allowed

N.Chandran v. The Government of Tamil Nadu

Madras HC17 Sept 2021WP/19805/2021

Case brief

AI extract

What is this about?

This writ petition sought an order directing the payment of 18% interest on belated retirement benefits. Disposing the petition, the Court directed payment of interest at 4% per annum in equal monthly instalments over six months, referencing a modified view considered by the State Finance due to the pandemic.

What did the court decide?

Direct the respondents to pay interest at 4% per annum for belated payment of gratuity, earned leave salary, etc., in six equated monthly instalments.

N.Chandran 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 : 17.09.2021

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CORAM

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THE HON'BLE MR.JUSTICE C.SARAVANAN

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W.P. No.19805 of 2021 and WMP.No.21087 of 2021 (Through Video Conferencing) 1.N.Chandran 2.R.Ganesan 3.B.Valluvan 4.A. Rajendran 5.S. Rabi Vincent 6.K.Ravi 7.K. Rama Lingam 8.K.Kumaravel 9.V.Sengalvarayan 10.S. Kandaswamy 11.G.Vedagiri 12.R.Dhanasekaran 13.T.Vijayaragavan ... Petitioners Vs

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1.The Government of Tamil Nadu, Rep. by its Secretary to Government, Transport Department, Secretariat, Chennai-600 009. 2.The Managing Director, Metropolitan Transport Corporation (Chennai) Ltd., Pallavan Illam,Mount Road, Pallavan Salai, Chennai-600 002. 3.The General Manager, Metropolitan Transport Corporation (Chennai) Ltd., Pallavan Illam, Mount Road Pallavan Salai, Chennai-600 002. 4.The Administrator, Tamil Nadu State Transport, Corporation Employees Pension Fund Trust, Thiruvalluvar House, Pallavan Salai, Chennai-600 002. ... Respondents

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

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Prayer: Writ Petition filed under Article 226 of the Constitution of India praying 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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For Petitioners : Mr.N.Sudhagar Nagaraj

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For R1 : Mr.L.S.M Hasan Fizal, Government Advocate

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For R2 & R3 : Mr.K.Moorthy

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Standing Counsel

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For R 4 : Mr.C.S.K.Sathish, Standing Counsel

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O R D E R

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Though this writ petition has been filed for a Mandamus, to direct the respondents to pay the petitioners interest at the rate of 18% per annum for the belated payment of retirement benefits such as 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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https://hcservices.ecourts.gov.in/hcservices/

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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 salary et cetera 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 Miscellaneous Petition is closed.

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Assistant Registrar(CCC)

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//True Copy//

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Sub Assistant Registrar

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drl/mka

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1.The Secretary to Government,

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Government of Tamil Nadu,

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Transport Department, Secretariat, Chennai-600 009.

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2.The Managing Director,

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Metropolitan Transport Corporation (Chennai) Ltd.,

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Pallavan Illam,Mount Road,

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Pallavan Salai, Chennai-600 002.

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3.The General Manager,

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Metropolitan Transport Corporation (Chennai) Ltd.,

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Pallavan Illam, Mount Road

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Pallavan Salai, Chennai-600 002.

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4.The Administrator,

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Tamil Nadu State Transport,

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Corporation Employees Pension Fund Trust,

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Thiruvalluvar House,

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Pallavan Salai, Chennai-600 002.

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+1cc to M/s.N.Sudhagar Nagaraj, Advocate Sr.47686

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+1cc to M/s.K.Moorthy, Advocate Sr.48027

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+1cc to the Government Pleader Sr.47894

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W.P.No.19805 of 2021 and WMP.No.21087 of 2021

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rr[co] srg 12/10/2021

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

N.Chandran v. The Government of Tamil Nadu

Case brief

What is this about?

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N.Chandran v. The Government of Tamil Nadu

Case brief

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