The State Of Tamil Nadu vs P.Pandaram Pillai
2021 Latest Caselaw 5818 Mad

                                                                     W.A.(MD)No.205 of 2021

                          BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                              DATED : 04.03.2021

                                                    CORAM:

                             THE HONOURABLE MR.JUSTICE M.M.SUNDRESH

                                                      AND

                               THE HONOURABLE MRS.JUSTICE S.ANANTHI

                                           W.A.(MD)No.205 of 2021

                                                      and

                                           C.M.P(MD)No.633 of 2021


                 1.The State of Tamil Nadu,
                   Rep. by its Secretary to Government,
                   Labour and Employment Department,
                   Secretariat
                   Chennai-600 009.

                 2.The Commissioner of Employment and Training,
                   Guindy, Chennai-32.
                 Now present at
                   The Director of Employment and Training,
                   Guindy, Chennai-32.                                  : Appellants


                                                          Vs.

                 P.Pandaram Pillai                                      : Respondent



                 1/4



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                                                                               W.A.(MD)No.205 of 2021

                 PRAYER: Appeal filed under Clause 15 of the Letters Patent as against the order

                 dated 09.01.2020 made in W.P.(MD)No.16568 of 2014.

                                    For Appellants             : Mrs.J.P.Padmavathi Devi
                                                                 Special Government Pleader

                                    For Respondent             : Mr.V.Paneerselvam

                                                         *****

                                                     JUDGMENT

(Judgment of the Court was delivered by M.M.SUNDRESH, J.)

This writ appeal has been preferred against the order of the learned

Single Judge, though the respondent himself has sought for 12% p.a. interest for

the retirement benefits, other than death cum retirement cum gratuity.

2.The learned Special Government Pleader appearing for the

appellants submitted that it is not as a matter of right, the respondent can claim.

3.The learned counsel appearing for the respondent submitted that

having dropped the proceedings and paid the benefits belatedly, the consequence

will have to follow.

http://www.judis.nic.in W.A.(MD)No.205 of 2021

4.Though the learned Single Judge was not right in awarding 18% p.a.

interest, since the respondent himself only sought for 12% p.a., the fact remains

for a period from 30.09.2009 to 17.07.2012, the appellants themselves paid

8% p.a. interest on death cum retirement gratuity. Therefore, the very same

interest ought to have been paid to the respondent for the other benefits paid

belatedly for the aforesaid period.

5.In such view of the matter, the writ appeal stands disposed of, by

directing the appellants to pay 8% p.a. interest for the period from 30.09.2009 to

till the date of disbursement. The compliance will have to be made in tune with

the order passed aforesaid, within a period of twelve weeks from the date of

receipt of a copy of this order. No costs. Consequently, connected miscellaneous

petition is closed.

                 Index        : Yes / No                    [M.M.S.,J.] [S.A.I.,J.]
                 Internet     : Yes                             04.03.2021
                 rm








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                                                                    W.A.(MD)No.205 of 2021

                                                                     M.M.SUNDRESH, J.

                                                                                     AND

                                                                          S.ANANTHI, J.

                                                                                       rm
                 To

                 1.The Secretary to Government,
                   State of Tamil Nadu,

Labour and Employment Department, Secretariat, Chennai-600 009.

2.The Commissioner of Employment and Training, Guindy, Chennai-32.

Now present at The Director of Employment and Training, Guindy, Chennai-32.

W.A.(MD)No.205 of 2021

04.03.2021

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