Petitioner sought writ directing 12% compound interest on Rs.68,070/- salary arrears delayed by 25 years. Court, noting petitioner's age, company closure, and that principal was paid, granted 2% interest from 1998.
Interest granted at 2% per annum on Rs.68,070/- payable from 1998 till 12.12.2020.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 18.03.2021
CORAM:
THE HONOURABLE MR. JUSTICE S. VAIDYANATHAN W.P.No.4510 of 2021
S. Balakrishnan
... Petitioner
..Vs..
The Secretary Industries Department, Government of Tamil Nadu & Chairman and Managing Director of Southern Structurals Ltd., St.George Fort, Chennai 600 009. ... Respondent
Prayer:- This Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the respondent to pay interest on the arrears of salary amount Rs.68,070/- (Rupees Sixty Eight Thousand Seventy Only) for the delay period from the year 1995 till date of payment at the rate of 12% per annum with compound interest on yearly basis as the respondent is solely responsible for causing such enormous delay of 25 years in processing petitioner's arrears of salary claim.
For Petitioner : Mr.S.Pushpakaran For Respondent : Mr.P.Karthikeyan Additional Government Pleader ORDER
This writ petition has been filed to direct the respondent to pay interest on the arrears of salary amount Rs.68,070/- (Rupees Sixty Eight Thousand Seventy Only) for the delay period from the year 1995 till date of payment at the rate of 12% per annum with compound interest on yearly basis as the respondent is solely responsible for causing such enormous delay of 25 years in processing petitioner's arrears of salary claim.
dpq The Secretary
Industries Department,
Government of Tamil Nadu &Chairman and Managing Director of Southern Structurals Ltd.,St.George Fort, Chennai 600 009.
+1cc to Mr. S.Pushpakaran , Advocate SR.No. 17352 +1 cc to Government Pleader Sr.No. 18219
W.P.No.4510 of 2021
svi(CO) https://hcservices.ecourts.gov.in/hcservices/ A.SK(28.06.2021)
3 issues framed by the court
Whether a delayed payment of salary arrears of Rs.68,070/- accumulated over 25 years warrants the claimed 12% compound interest?
Whether interest should be granted on humanitarian grounds given the petitioner's age and the closure of the responding company?
What rate of interest from the year of revision (1998) rather than the year of claim (1995) is appropriate for quieting the matter?
1 provisions across 1 enactments
S. Balakrishnan
Secretary Industries Department
S. Vaidyanathan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
