Cited Gurumoorthy vs TNSTC to direct the retirement benefit authorities to pay penal interest at 6% per annum for a one-year delay in settling a retired employee's terminal benefits.
Direction to pay penal interest at 6% p.a. on belated retirement benefits payment from date of retirement till actual disbursement.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
W.P(MD)No.19135 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 26.10.2021 CORAM
THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR
W.P(MD)No.19135 of 2021
P.Ramamoorthy
... Petitioner
Vs.
1.The Management of
Tamil Nadu State Transport Corporation (Kumbakonam) Ltd., Karaikudi Region,
Rep. by its General Manager, Karaikudi.
2.The Administrator,
Tamilnadu State Transport Employees' Pension Fund Trust, Thiruvalluvar Illam,
Anna Salai, Chennai - 2.
... Respondents
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 interest at the rate of 6% per annum, for the period of delay from 01.03.2020 to 01.06.2021, in paying the amounts paid towards petitioner's terminal benefits namely EPF Employee's Contribution, Gratuity, Encashment of Earned /Sick Leaves and Commutated Value of Pension, within a time frame as may be fixed by this Court and without affecting his right to claim the balance amounts towards those benefits.
For Petitioner : Mr.S.Arunachalam For Respondents : Mr.P.Bala Subramanian, Standing Counsel.
ORDER
This Writ Petition has been filed for the issue of a Writ of Mandamus, directing the respondents to pay interest at the rate of 6% per annum, for the period of delay from 01.03.2020 to 01.06.2021, in paying the amounts paid towards petitioner's terminal and pension benefits namely EPF Employee's Contribution, Gratuity, Encashment of Earned /Sick Leaves and Commutated Value of Pension, within a time frame as may be fixed by this Court and without affecting his right to claim the balance amounts towards those benefits.
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W.P(MD)No.19135 of 2021
// True Copy //
dn
Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.
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W.P(MD)No.19135 of 2021
To
1.The General Manager, The Management of Tamil Nadu State Transport Corporation (Kumbakonam) Ltd., Karaikudi Region, Karaikudi.
2.The Administrator, Tamilnadu State Transport Employees' Pension Fund Trust, Thiruvalluvar Illam, Anna Salai, Chennai – 2.
+1 CC to M/s.P. BALASUBRAMANIAN, Advocate ( SR-32691[F] dated 26/10/2021 )
W.P(MD)No.19135 of 2021 26.10.2021
PK(CO) KB(10.11.2021) 3P 4C
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2 issues framed by the court
Whether the respondents are directed to pay penal interest for the belated payment of retirement benefits?
Whether the interest should be calculated at a rate of 6% per annum for the period of delay?
Colour shows how this judgement treated each authority
Gurumoorthy vs TNSTC (Kumbakonam) LtdFollowed¶25
W.P.(MD)No.19950 of 2020
P. Ramamoorthy
The Management of Tamil Nadu State Transport Corporation (Kumbakonam) Ltd., Karaikudi Region
The Administrator, Tamilnadu State Transport Employees' Pension Fund Trust
D. Krishnakumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
D. Krishnakumar
Parties & counsel
