Allowed

Irulappan.M v. The General Manager

Madras HC13 Jun 2022WP(MD)/11390/2022

Case brief

AI extract

What is this about?

The Madurai Bench of the Madras High Court allowed a writ petition seeking interest on belated terminal benefits. Quashing the respondents' plea to extend the payment timeline due to pandemic revenue loss, the Court directed payment of penal interest at 6% per annum within three months.

What did the court decide?

Direction to respondents to pay penal interest at 6% per annum on belated retirement benefits within three months from the date of receipt of the order.

Irulappan.M Vs The General Manager — Pension and Retirement Benefits | Madras HC (2022)

¶1

WP(MD)No.11390 of 2022

¶2

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

¶3

DATED: 13.06.2022

¶4

CORAM:

¶5

THE HONOURABLE MR.JUSTICE G.CHANDRASEKHARAN W.P.(MD)No.11390 of 2022

¶6

M.Irulappan ... Petitioner

¶7

vs.

¶8

1.The General Manager,

¶9

Tamil Nadu State Transport Corporation (Madurai) Limited, Madurai Region,

¶10

Madurai.

¶11

2.The Administrator,

¶12

Tamil Nadu State Transport Corporation Employees Pension Fund Trust,

¶13

Thiruvalluvar Illam, Pallavan Salai, Chennai -02. ... Respondents

¶14

PRAYER : Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondents to pay interest at the rate of 6 % per annum, for the period of delay from 30.04.2020 to 02.06.2021 in paying the amounts paid towards the terminal benefits within a time frame as may be fixed by this Court.

¶15

For Petitioner : Mr.G.M.Xavier For Respondents : Mr.J.Senthil Kumaraiah Standing Counsel

¶16

O R D E R

¶17

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

¶18

2. Aggrieved against the belated settlement of the terminal benefits to the petitioner, he has claimed interest on the belated payment in this Writ Petition.

¶19

3. In identical issues, this Court has passed various orders, justifying the payment of interest to the aggrieved pensioners and in the order dated 13.12.2019 in W.P.(MD) No.26481 of 2019, the following order came to be passed:-

¶20

“ 5.I am not in agreement with the said

¶21

representation made. There was already a duty cast on the respondent Corporation to pay the terminal benefits on the date of retirement itself and the very fact that the belated disbursement of retirement benefit, had already put the retired employee to serious prejudice, entertaining the https://hcservices.ecourts.gov.in/hcservices/ present request for disbursement of the interest on

¶22

1/3

¶23

WP(MD)No.11390 of 2022

¶24

the belated payment in installments, could cause further prejudice to the retired employee.

¶25

6.In the light of the above observations, there shall be a direction to the respondent / Corporation 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, not before the expiry of three months from the date of receipt of a copy of this order.”

¶26

4. This Court is of the view that the respondents could be directed to pay the interest on the belated payment, at the rate of 6% per annum, as ordered in the above Writ Petition.

¶27

5. At this juncture, Mr.J.Senthil Kumaraiah, learned Standing Counsel appearing for the respondent Corporation would submit that owing to the Covid-19 pandemic situation and non-plying of buses for a considerable time, there has been a heavy revenue loss for the Corporation and therefore, the period of payment spread over three months as, ordered in the earlier Writ Petition, can be extended, so as to enable them to pay the interest amount, within a period of six months.

¶28

6. The learned counsel for the petitioner also does not have any objections to the same.

¶29

7. In this background, there shall be a direction to the respondents to pay the interest to the petitioner at the rate of 6% per annum on the belated payment of the retirement benefits, commencing from the date of retirement, till the date of actual disbursement, within a period of three (3) months from the date of receipt of a copy of this order.

¶30

8. This Writ Petition stands allowed in accordance with the above terms. No costs.

¶31

Assistant Registrar(CS-I)

¶32

// True Copy //

¶33

/ /2022 Sub Assistant Registrar(CS)

¶34

Akv

¶35

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

¶36

2/3

¶37

WP(MD)No.11390 of 2022

¶38

¶39

1.The General Manager,

¶40

Tamil Nadu State Transport Corporation (Madurai) Limited, Madurai Region, Madurai.

¶41

2.The Administrator,

¶42

Tamil Nadu State Transport Corporation Employees Pension Fund Trust, Thiruvalluvar Illam, Pallavan Salai, Chennai -02.

¶43

+1 CC to M/s.G.M. XAVIER, Advocate ( SR-25360[F] dated 13/06/2022 )

¶44

W.P.(MD)No.11390 of 2022

¶45

13.06.2022

¶46

DKS(CO) KB(21.06.2022) 3P 4C

¶47

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

¶48

3/3

Irulappan.M v. The General Manager

Case brief

What is this about?

What did the court decide?

Irulappan.M v. The General Manager

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Ismail, S/O Asan Kani, Vs Tamil Nadu Generation and

Thenmandala Kootturavu Vs the Presiding Officer

A.Ramesh Vs the Secretary to Government

Umavathy.R Vs The Chief Educational Officer

Kavitha.J Vs The Joint Registrar

Thankaraj.S (Edp No. 4086) Vs The Tamil Nadu State Transport Corporation (Tirunelveli) Ltd.