Disposed

N.Anbumoorthy v. the Managing Director

Madras HC5 Mar 2024WP/5506/2024

Case brief

AI extract

What is this about?

Retired employee sought 12% interest on delayed Earned Leave Salary and Earned Leave Surrender benefits from a state transport corporation. Following an earlier identical writ order, the court directed payment of 6% per annum interest from date of retirement until actual disbursement, within eight weeks.

What did the court decide?

Direction to respondent to pay interest at 6% per annum on belated Earned Leave Salary and Leave Surrender payments from date of retirement till actual disbursement, within eight weeks.

N.Anbumoorthy Vs the Managing Director — Pension and Retirement Benefits | Madras HC (2024)

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W.P.No.5506 of 2024

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 05.03.2024

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CORAM :

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THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN

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W.P.No.5506 of 2024

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N.Anbumoorthy ...Petitioner

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-Vs-

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The Managing Director Tamilnadu State Transport Corporation(Cbe) Ltd., No.37, Mettupalayam Road, Coimbatore 641 043

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...Respondent

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Prayer:

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Writ Petition filed under Article 226 of the Constitution of India

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for issuance of a Writ of Mandamus directing the respondent to pay 12% interest for the delayed payments made to the petitioner in respect of retirement benefits of Earn Leave Salary and Earn Leave Surrender Amount

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within a specific period.

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For petitioner : Mr.G.C.Nelson Britto

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For respondent : Mr.C.Gouthamaraj, Standing Counsel

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ORDER

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

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W.P.No.5506 of 2024

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This writ petition has been filed for direction to the respondent to

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pay 12% interest for the delayed payments made to the petitioner in respect

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of retirement benefits of Earned Leave Salary and Earned Leave Surrender amount.

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Heard the learned counsel appearing for the petitioner and the learned Standing Counsel appearing for the respondent 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, entertaining the present request for disbursement of the interest on the

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

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W.P.No.5506 of 2024

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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 month from the date of receipt of a copy of this order.

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This Court is of the view that the respondent could be directed

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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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In the light of the above findings, there shall be a direction to

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the respondent herein to pay the interest on the belated payment of the retirement benefits of Earned Leave Salary and Earned Leave Surrender amount 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 copy of this order.

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

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W.P.No.5506 of 2024

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With the above direction, this Writ Petition is disposed of. No

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costs.

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05.03.2024

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Neutral citation:Yes/No (1/3) Index : Yes/No Internet: Yes/No lok

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

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W.P.No.5506 of 2024

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The Managing Director Tamilnadu State Transport Corporation(Cbe) Ltd., No.37, Mettupalayam Road, Coimbatore 641 043

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

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W.P.No.5506 of 2024

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G.K.ILANTHIRAIYAN, J.

lok

W.P.No.5506 of 2024

05.03.2024 (1/3)

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

N.Anbumoorthy v. the Managing Director

Case brief

What is this about?

What did the court decide?

N.Anbumoorthy v. the Managing Director

Case brief

What is this about?

What did the court decide?

What the court decided

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