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2021 DIGILAW 2059 (MAD)

N. Ponnu v. Management of Tamil Nadu State Transport Corporation (Thirunelveli) Ltd, Thirunelveli Region, Rep. by its General Manager, Thirunelveli

2021-08-11

D.KRISHNAKUMAR

body2021
JUDGMENT : (Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondent to pay the petitioner interest at the rate of 6% per annum, for the period of delay from 01.07.19 to 01.06.21, in paying the amounts paid towards petitioner's terminal benefits namely EPF Employee's Contribution, Gratuity and Encashment of Earned/Sick leaves within a time frame as may be fixed by this Hon'ble Court and without affecting his right to claim balance amounts towards those benefits.) 1. This Writ Petition has been filed for the issue of a Writ of Mandamus, directing the respondent to pay the petitioner interest at the rate of 6% per annum, for the period of delay from 01.07.19 to 01.06.21, in paying the amounts paid towards his terminal benefits namely EPF Employee's Contribution, Gratuity and Encashment of Earned/Sick leaves as may be fixed by this Hon'ble Court and without affecting his right to claim balance amounts towards those benefits. 2. Heard the learned counsel appearing for the petitioner and the learned Standing Counsel appearing for the respondent. 3. By consent of both parties, this writ petition is taken up for final disposal at the admission stage itself. 4. The petitioner was a Special Grade Conductor in the respondent transport corporation. The petitioner retired from service on 30.06.19. The respondent has settled the retirement benefits to the petitioner on 02.06.2021, a sum of Rs.7,09,761/- towards EPF Employees Contribution, a sum of Rs.11,17,463/- towards gratuity and a sum of Rs.4,99,517/- towards encashment of earned/sick leaves. 5. According to the petitioner, the issues involved in the present writ petition are that the respondent had settled the aforesaid amount belatedly, after a delay of more than 1 year and the respondent has also not paid interest for the belated payment to the petitioner. Hence, the petitioner has made a representation to the concerned authorities to pay interest at the rate of 6 % per annum. The petitioner has also relied on the decision of the earlier writ petition of this court in W.P.(MD)No.19950 of 2020 dated 04.01.2021, J. Gurumoorthy vs TNSTC (Kumbakonam) Ltd. In the above referred judgement, this Court has fixed the rate of interest at 6 % per annum for the belated payment of retirement benefits. On the same line, orders to be in the present Writ Petition. 6. On the same line, orders to be in the present Writ Petition. 6. Mr.R.Rajamohan, learned Standing Counsel appearing for the respondent would submit that the respondent had settled the retirement benefit to the petitioner belatedly. Therefore, the petitioner is entitled for the interest as decided in the earlier writ petition of this Court in W.P.(MD).No.19950 of 2021. 7. In the light of the above observations and with the consent of both parties, there shall be a direction to the respondent 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, within a period of four months from the date of receipt of a copy of this order, subject to the condition that if the petitioner has not already given up his right for claiming interest in the retirement benefits. 8. With the above direction, the writ petition stands disposed of. No costs.