Dismissed

Thayananthan.B v. The Tamil Nadu State Transport Corporation (Madurai) Ltd.

Madras HC14 Jun 2022WP(MD)/11618/2022

Case brief

AI extract

What is this about?

The petitioner sought interest on belated terminal benefits from the Tamil Nadu State Transport Corporation. The court, noting prior directives and a by-consent extension to six months, ordered payment of 6% penal interest within three months from receipt of the order.

What did the court decide?

Directed respondents to pay 6% interest on belated terminal benefits within six months of the order date.

Thayananthan.B Vs The Tamil Nadu State… — Pension and Retirement Benefits | Madras HC (2022)

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W.P.(MD)No.11618 of 2022

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 14.06.2022 CORAM:

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THE HONOURABLE MR.JUSTICE G.CHANDRASEKHARAN W.P.(MD)No.11618 of 2022

B.Thayananthan

... Petitioner

/vs./

1.The Tamil Nadu State Transport Corporation (Tirunelveli) Ltd, Represented by its Managing Director,

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Madurai.

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2.The General Manager, The Tamil Nadu State Transport Corporation (Tirunelveli) Ltd, Nagercoil Region, Nagercoil. ... Respondents

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PRAYER : Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondents to settle interest at rate of 6% per annum for the belated payment of petitioner's terminal benefits including Provident Fund, Gratuity and Terminal Leave Salary from the date of petitioner's retirement to till the date on which the said benefits were settled to the petitioner.

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For Petitioner : Mr.A.Rahul For Respondents : Mr.R.Rajamohan Standing Counsel

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ORDER

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

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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.

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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:-

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“ 5.I am not in agreement with the said 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 https://hcservices.ecourts.gov.in/hcservices/

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W.P.(MD)No.11618 of 2022

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retirement benefit, had already put the retired employee to serious prejudice, entertaining the present request for disbursement of the interest on the belated payment in installments, could cause further prejudice to the retired employee.

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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.”

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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.

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5. At this juncture, Mr.J.Senthilkumariah, 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.

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

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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.

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

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// True Copy //

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/06/2022 Sub Assistant Registrar(CS)

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

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W.P.(MD)No.11618 of 2022

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1.The Managing Director, Tamil Nadu State Transport Corporation (Tirunelveli) Ltd, Madurai. 2.The General Manager, The Tamil Nadu State Transport Corporation (Tirunelveli) Ltd, Nagercoil Region, Nagercoil. +1 CC to M/s.R. RAJAMOHAN, Advocate ( SR-25680[F] dated 14/06/2022 ) +1 CC to M/s.A. RAHUL, Advocate ( SR-25987[F] dated 15/06/2022 ) Order made in W.P.(MD)No.11618 of 2022 Dated: 14.06.2022

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SS(22/06/2022) 3P 5C

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

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Thayananthan.B v. The Tamil Nadu State Transport Corporation (Madurai) Ltd.

Case brief

What is this about?

What did the court decide?

Thayananthan.B v. The Tamil Nadu State Transport Corporation (Madurai) Ltd.

Case brief

What is this about?

What did the court decide?

What the court decided

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