← Library
Madras High CourtWP/34023/2019disposed of

P.Elango (Tr0972) v. The Managing Director

2019-12-05Honourable Mr Justice N. Anand Venkatesh3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 05.12.2019 CORAM :

THE HON'BLE MR. JUSTICE N.ANAND VENKATESH W.P.No.34023 of 2019 P.Elango(TR 0972) ..Petitioner Vs.

1.The Managing Director, Tamilnadu State Transport Corporation (Salem) Ltd., 12, Ramakrishna Salai, Salem-636 007 2.The Administrator, Tamilnadu State Transport Corporation Employees Pension Trust, Administrative Office, Thiruvalluvar House, Pallavan Salai, Chennai-600002.

..Respondents PRAYER:Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the respondents to pay the interest at the rate of 6% per annum for the delayed payment of Retirement Benefits such as Provident Fund, Gratuity, Leave Salary in view of the order made in W.A.(MD).No.383 to 457 of 2015 dated 12.06.2015 passed by the Division Bench of this Hon'ble High Court.

For Petitioner : Mr.A.Nagarathinam For Respondents : Mrs.Rajeni Ramadoss Standing Counsel Page No.1/3

O R D E R

This writ petition has been filed for issuance of Writ of Mandamus directing the first respondent to consider the representation made by the petitioner on 16.11.2019 and for payment of interest on the delayed settlement of the retirement benefits.

2.The petitioner had entered the services of the Transport Corporation during the year 01.02.1983 and was promoted to the post of Senior Technician and finally he was promoted and retired in the post of Senior Tradesman in the year 2018. It is the grievance of the petitioner that the retirement benefits were paid after an inordinate delay and therefore, the petitioner is entitled to claim for interest. The petitioner has made a representation to the first respondent in this regard and since the same was not considered, the present writ petition has been filed before this Court.

3.Heard Mr.A.Nagarathinam, learned counsel appearing for the petitioner and Mrs.Rajeni Ramadoss, learned Standing Counsel appearing for the respondents.

4.Taking into consideration the facts and circumstances of the case and the limited relief that has been sought for in this writ petition, there shall be a direction for the first respondent to consider the representation dated 16.11.2019 made by the petitioner and deal with the same on its own merits and in accordance with law and pass appropriate orders within a period of six weeks from the date of receipt of copy of this order. The petitioner is directed to give a representation along with the copy of this order and also a copy of the representation dated 16.11.2019 to the first respondent. 5.The Writ Petition is disposed of with the above directions. No costs.

Sd/- Assistant Registrar(CS V) //True Copy// Sub Assistant Registrar Page No.2/3

rm To:

1.The Managing Director, Tamilnadu State Transport Corporation (Salem) Ltd., 12, Ramakrishna Salai, Salem-636 007 2.The Administrator, Tamilnadu State Transport Corporation Employees Pension Trust, Administrative Office, Thiruvalluvar House, Pallavan Salai, Chennai 600 002.

+1cc to M/s.A.Nagarathinam, Advocate sr.102105 +1cc to Mrs.Rajeni Ramadoss, Advocate sr.101994 W.P.No.34023 of 2019 ev(co) nr 30/01/2020 Page No.3/3