Allowed

Vamadevan.B v. the Management of

Madras HC26 Oct 2021WP(MD)/19138/2021

Case brief

AI extract

What is this about?

In a writ petition for mandamus, the petitioner sought 12% interest for delayed retirement benefits. Relying on a prior judgment fixing interest at 6%, the Court, by mutual consent, directed the respondent to pay 6% p.a. within four months if the petitioner has not waived the right.

What did the court decide?

Directive to pay penal interest at 6% per annum for the period of delay of retirement benefits within four months.

Vamadevan.B Vs the Management of — Pension and Retirement Benefits | Madras HC (2021)

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W.P(MD)No.19138 of 2021

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 26.10.2021 CORAM

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THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR

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W.P(MD)No.19138 of 2021

B.Vamadevan

... Petitioner

Vs.

The Management of Tamil Nadu State Express Transport Corporation Ltd. Rep. by its General Manager, Pallavan Salai, Chennai-2.

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... Respondent

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Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondent to pay interest at the rate of 12% per annum, for the period of delay from petitioner's date of retirement (31.05.2017) to till the date of reimbursement (12.01.2018) of amount paid towards his terminal and pension benefits namely EPF Employee's Contribution, Gratuity, Encashment of Earned/Sick Leaves and other monetary benefits etc., within a time frame as may be fixed by this Court, without affecting his right to claim the balance amounts towards those benefits.

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For Petitioner : Mr.R.Murugan For Respondent : Mr.R.Rajamohan, Standing Counsel.

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ORDER

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This Writ Petition has been filed for the issue of a Writ of Mandamus, directing the respondent to pay interest at the rate of 12% per annum, for the period of delay from petitioner's date of retirement (31.05.2017) to till the date of reimbursement (12.01.2018) of amount paid towards his terminal and pension benefits namely EPF Employee's Contribution, Gratuity, Encashment of Earned/Sick Leaves and other monetary benefits etc., within a time frame as may be fixed by this Court, without affecting his right to claim the balance amounts towards those benefits.

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Heard the learned counsel appearing for the petitioner and the learned Standing Counsel appearing for the respondent.

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By consent of both parties, this writ petition is taken up for final disposal at the admission stage itself.

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4.The petitioner is a retired employee of the respondent transport corporation. The petitioner retired from service on https://hcservices.ecourts.gov.in/hcservices/

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W.P(MD)No.19138 of 2021

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31.05.2017. The respondent has settled the retirement benefits to the petitioner only in the month of January 2018.

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According to the petitioner, the issues involved in the present writ petition are that the respondent had settled the aforesaid amount belatedly, after a delay of 7 months and the respondent has also not paid interest for the belated payment to the petitioner. Hence, the petitioner has made a representation to the concerned authorities to pay interest at the rate of 12% per annum. The petitioner has also relied on the decision of the earlier writ petition of this court in W.P.(MD)No.19950 of 2020 dated 04.01.2021, J. Gurumoorthy vs TNSTC (Kumbakonam) Ltd . In the above referred judgement, this Court has fixed the rate of interest at 6 % per annum for the belated payment of retirement benefits. On the same line, orders to be in the present Writ Petition.

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Mr.R.Rajamohan, learned Standing Counsel appearing for the respondent, would submit that the respondent had settled the retirement benefits to the petitioner belatedly. Therefore, the petitioner is entitled for the interest as decided in the earlier writ petition of this Court in W.P.(MD).No.19950 of 2020.

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In the light of the above observations and with the consent of both parties, there shall be a direction to the respondent to pay the penal interest at the rate of 6 % per annum on the belated payment of the retirement benefits for the period from the date of the retirement till the date of actual disbursement, as expeditiously as possible and in any event, within a period of four months from the date of receipt of a copy of this order, subject to the condition that if the petitioner has not already given up his right for claiming interest in the retirement benefits.

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With the above direction, the writ petition stands disposed of. No costs.

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// True Copy //

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

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W.P(MD)No.19138 of 2021

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To The General Manager, The Management of Tamil Nadu State Express Transport Corporation Ltd. Pallavan Salai, Chennai-2. +1 CC to M/s.R.RAJAMOHAN, Advocate ( SR-32650[F] dated 26/10/2021 ) +1 CC to M/s.R.MURUGAN, Advocate ( SR-32671[F] dated 26/10/2021 ) W.P(MD)No.19138 of 2021 26.10.2021 PK(CO) KB(10.11.2021) 3P 4C

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

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Vamadevan.B v. the Management of

Case brief

What is this about?

What did the court decide?

Vamadevan.B v. the Management of

Case brief

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What did the court decide?

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