M.Arumugam vs The General Manager
2022 Latest Caselaw 18290 Mad

                                                                             W.P.(MD)No.28725 of 2022

                          BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                  DATED : 22.12.2022

                                                       CORAM

                                  THE HONOURABLE MR.JUSTICE M.DHANDAPANI

                                               W.P.(MD)No.28725 of 2022


                     M.Arumugam                                                  ... Petitioner


                                                           Vs.

                     1.       The General Manager,
                              Tamil Nadu State Transport Corporation (Madurai) Limited,
                              Madurai Region,
                              Madurai.

                     2.       The Administrator,
                              Tamil Nadu State Transport Corporation Pension Trust,
                              Tiruvalluvar Illam,
                              Pallavan Salai,
                              Chennai 600 002.                             ... Respondents


                     PRAYER : Petition filed under Article 226 of the Constitution of India

                     praying for issuance of Writ of Mandamus, directing the respondents to pay

                     interest at the rate of 6% per annum, for the period of delay from 30.04.2018

                     to 23.09.2019 in paying the amounts paid towards the terminal benefits.

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https://www.mhc.tn.gov.in/judis
                                                                                W.P.(MD)No.28725 of 2022



                                   For Petitioner     : Mr.G.M.Xavier

                                   For Respondents    : Mr.S.Gladson Michel Rajadurai - for R1

                                                        Mr.S.Herold Singh - for R2.


                                                         ORDER

This writ petition has been filed to direct the respondents to pay

interest at the rate of 6% per annum, for the period of delay from 30.04.2018

to 23.09.2019 in paying the amounts paid towards the terminal benefits.

2. The learned counsel for the petitioner submitted that the

petitioner joined as Conductor in the Tamil Nadu State Transport

Corporation (Madurai) Limited on 11.07.1985 and he rendered 30 years of

unblemished service. Thereafter, he retired from service as Senior Checking

Inspector on 30.04.2018. The petitioner was not paid with the terminal

benefits immediately after retirement. However, the petitioner paid with

terminal benefits only on 23.09.2019. Thereafter, the petitioner sent a

representation, dated 25.11.2021 to the respondent, requesting to pay the

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https://www.mhc.tn.gov.in/judis W.P.(MD)No.28725 of 2022

interest amount towards the belated payment of the above said terminal

benefits and the same was not considered. Hence, the present writ petition

is filed.

3. The learned counsel for the petitioner further submitted that the

Division Bench of this Court passed a judgment in W.A.(MD) No.403 of

2010 dated 18.03.2014 and W.A.(MD) No.1419 of 2021 dated 26.07.2021

issued a direction to pay 6% interest to the belated payment. In the present

case, the petitioner received the terminal benefits only after a period one

year and 5 months and hence, he is entitled for appropriate orders.

4. The learned Standing Counsel appearing for the respondent

Corporation submitted that this Court in similar type of writ petitions only

awarded 4% interest for the belated payment of terminal benefits and hence,

this Court may issue direction to pay interest at the rate of 4% per annum for

the belated payment of terminal benefits.

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https://www.mhc.tn.gov.in/judis W.P.(MD)No.28725 of 2022

5. In view of the above, the respondent corporation is directed to

pay 4% interest for the belated payment of terminal benefits within a period

of six weeks from the date of receipt of a copy of this order.

6. With the above direction, this writ petition is disposed of. No

costs.

22.12.2022

Index : Yes / No Speaking Order : Yes / No

RM

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https://www.mhc.tn.gov.in/judis W.P.(MD)No.28725 of 2022

To

1. The General Manager, Tamil Nadu State Transport Corporation (Madurai) Limited, Madurai Region, Madurai.

2. The Administrator, Tamil Nadu State Transport Corporation Pension Trust, Tiruvalluvar Illam, Pallavan Salai, Chennai 600 002.

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https://www.mhc.tn.gov.in/judis W.P.(MD)No.28725 of 2022

M.DHANDAPANI,J.

RM

W.P.(MD)No.28725 of 2022

22.12.2022

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