Disposed

D.Chandra Mohan v. the Managing Director

Madras HC20 Mar 2024WP/7234/2024

Case brief

AI extract

What is this about?

Retired employee sought interest on belated payment of gratuity and commutation of pension. Following an earlier order in identical matters, the Court directed the respondents to pay interest at 6% per annum from the date of retirement until actual disbursement, within eight weeks, and disposed of the writ petition without costs.

What did the court decide?

Direction to respondents to pay interest at 6% per annum on belated terminal benefits from date of retirement till actual disbursement, within eight weeks. No costs.

D.Chandra Mohan Vs the Managing Director — Pension and Retirement Benefits | Madras HC (2024)

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W.P.No. 7234 of 2024

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 20.03.2024

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CORAM

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THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN

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W.P.No.7234 of 2024

D.Chandra Mohan

.... Petitioner

1.The Managing Director,

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Tamil Nadu State Transport Corporation (Villupuram) Ltd., Vellore Region, No.3/137, Salamedu, Vizhupuram-605 602.

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2.The Administrator, Tamil Nadu State Transport Corporation Employees Pension Fund Trust, No.2, Pallavan Salai, Chennai-600 002.

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.... Respondents

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Prayer : Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents to pay interest @ 10% for the belated payment of Gratuity and Commutation of pension.

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For Petitioner : Mr.S.T.Varadarajalu For Respondents : Mr.R.Venkatesa Perumal Standing Counsel

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

ORDER

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W.P.No. 7234 of 2024

This Writ Petition has been filed for a direction directing the respondents to pay appropriate interest to the petitioner for the delayed sanction and disbursement of retirement benefits.

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

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W.P.No. 7234 of 2024

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4. This Court is of the view that the respondents could be

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directed to pay the interest on the belated payment, at the rate of 6% per

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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

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

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No costs.

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20.03.2024

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Internet : Yes/No Index:Yes/No Speaking Order/Non-speaking order Neutral Citation : Yes/No Lpp

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G.K.ILANTHIRAIYAN, J.

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Lpp

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

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W.P.No. 7234 of 2024

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1.The Managing Director, Tamil Nadu State Transport Corporation (Villupuram) Ltd., No.3/137, Salamedu, Vizhupuram-605 602. 2.The Administrator, Tamil Nadu State Transport Corporation Employees Pension Fund Trust, No.2, Pallavan Salai, Chennai-600 002.

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W.P.No.7234 of 2024

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20.03.2024

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

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D.Chandra Mohan v. the Managing Director

Case brief

What is this about?

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D.Chandra Mohan v. the Managing Director

Case brief

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