Allowed

C.Pichaikaran Cr 09682 v. the Managing Director

Madras HC21 Aug 2023WP/24622/2023

Case brief

AI extract

What is this about?

This petition sought a direction to pay 12% interest on delayed retirement benefits. The Court, relying on a prior order, directed the first respondent to pay penal interest at 6% per annum from the date of retirement until actual disbursement, payable within eight weeks.

What did the court decide?

Directed first respondent to pay penal interest at 6% per annum on belated retirement benefits from retirement date until disbursement within eight weeks.

C.Pichaikaran Cr 09682 Vs the Managing Director — Pension and Retirement Benefits | Madras HC (2023)

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W.P.No.24622 of 2023

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THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 21.08.2023

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CORAM:

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THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN

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W.P.No.24622 of 2023

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C.Pichaikaran .... Petitioner

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1. The Managing Director, Tamil Nadu State Transport Corporation (Villupuram) Limited,

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3/136, Salamedu, Villupuram – 605 602.

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2. The General Manager Tamilnadu State Transport Corporation (VPM) Ltd., Tiruvannamalai Region

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Vengikal, Tiruvannamalai- 606 604.

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3. The Administrator,

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Tamil Nadu State Transport Corporation, Employees Post Retirement Welfare Fund Trust, Thiruvallur House, Pallavan Salai, Chennai – 600 002. .... Respondents

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PRAYER: Writ Petition is filed under Article 226 of Constitution of India p raying to issue Writ of Mandamus directing the respondents to pay the interest to the petitioner at the rate of 12% per annum for the belated payment of retirement benefits for the period from 31.07.2022 to 18.06.2023 i.e., 322 days on Provident Fund, Gratuity, Earned Leave, Commuted Pension and other retirement benefits, within a specified time.

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https://www.mhc.tn.gov.in/judis

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W.P.No.24622 of 2023

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For Petitioner	:	Mr.S.Vasanthi
For R1 & R2	:	Mr.P.Venkatasa Perumal
For R3	:	Mr.C.S.K.Sathish.

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O R D E R

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This Writ Petition has been filed for a direction directing the

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respondents to pay appropriate interest to the petitioner for the delayed sanction and disbursement of retirement benefits for the period from 31.07.2022 to 18.06.2023.

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Heard the learned counsel appearing on either side and perused the materials available on record.

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In identical issues, this Court has passed various orders,

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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 retirement benefit, had already put the retired employee to serious prejudice,

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https://www.mhc.tn.gov.in/judis

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W.P.No.24622 of 2023

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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 the 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 first respondent could

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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. In the light of the above findings, there shall be a direction to the first respondent herein to pay the interest on the belated payment of the terminal benefits to the petitioner at the rate of 6% per annum, commencing from the date of the retirement, till the date of actual disbursement, within a period of eight weeks from the date of receipt of a copy of this order

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https://www.mhc.tn.gov.in/judis

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W.P.No.24622 of 2023

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6. With the above direction, this Writ Petition is disposed

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of. No costs.

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21.08.2023

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Internet: Yes Index: Yes/No Speaking/Non-speaking order

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Lpp

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To 1. The Managing Director, Tamil Nadu State Transport Corporation (Villupuram) Limited, 3/136, Salamedu, Villupuram – 605 602.

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2. The General Manager Tamilnadu State Transport Corporation (VPM) Ltd., Tiruvannamalai Region Vengikal, Tiruvannamalai- 606 604.

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3. The Administrator, Tamil Nadu State Transport Corporation, Employees Post Retirement Welfare Fund Trust, Thiruvallur House, Pallavan Salai, Chennai – 600 002.

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https://www.mhc.tn.gov.in/judis

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W.P.No.24622 of 2023

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G.K.ILANTHIRAIYAN, J.

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W.P.No.24622 of 2023

21.08.2023

https://www.mhc.tn.gov.in/judis

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C.Pichaikaran Cr 09682 v. the Managing Director

Case brief

What is this about?

What did the court decide?

C.Pichaikaran Cr 09682 v. the Managing Director

Case brief

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What did the court decide?

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