K.Palanivel v. The Managing Director

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 23.03.2018

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD).Nos.6359 to 6361 of 2018 K.Palanivel ... Petitioner in W.P.(MD)No.6359 of 2018 M.Akki Reddy ... Petitioner in W.P.(MD)No.6360 of 2018 S.Varatharajan ... Petitioner in W.P.(MD)No.6361 of 2018 Vs.

The Managing Director, Tamil Nadu State Transport Corporation (Madurai) Limited, Bye-pass Road, Madurai-625 010.

... Respondents in W.P.(MD)Nos.6359 and 6360 of 2018

1. The Managing Director, Tamil Nadu State Transport Corporation (Madurai) Limited, Bye-pass Road, Madurai-625 010.

2. The Administrator, The Tamil Nadu State Transport Corporation Employees Pension Fund Trust, Thiruvalluvar House, Pallavan Salai, Chennai-600 002.

... Respondents in W.P.(MD)No.6361 of 2018 PRAYER in W.P.(MD)Nos.6359 and 6360 of 2018 : Writ petitions filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, directing the respondents to pay interest at the rate of 6% per annum to the petitioner for the belated payment of Gratuity, Leave Salary and Provident Fund from the date of retirement to the date of actual payment.

PRAYER in W.P.(MD)No.6361 of 2018 : Writ petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, directing the respondents to pay interest at the rate of 6% per annum to the petitioner for the belated payment of Gratuity, Provident Fund and Pension Commutation from the date of retirement to the date of actual payment.

For Petitioners : Mr.C.Thangamani For Respondent : Mr.A.Jeyaram (In all Writ Petitions) https://hcservices.ecourts.gov.in/hcservices/

COMMON ORDER Mr.A.Jeyaram, learned counsel takes notice for the respondents. 2.By consent of both parties, the main Writ Petitions themselves are taken up for final disposal at the stage of admission itself.

3.The petitioners are retired employees of the respondent/Corporation. Their Gratuity, Leave Salary, Provident Fund amount and Pension Commutation were belatedly settled. When there is delay in settling these benefits, the Management is bound to pay interest.

4.Therefore, the respondents are directed to pay interest at the rate of 6% per annum on the belated payment of the retiral benefits from the date of retirement, till the date of actual payment. This amount shall be settled within a period of eight weeks from the date of receipt of a copy of this order. 5.These Writ Petitions are allowed accordingly. No costs. Sd/- Assistant Registrar (T&P) /True Copy/ Sub Assistant Registrar To

1. The Managing Director, Tamil Nadu State Transport Corporation (Madurai) Limited, Bye-pass Road, Madurai-625 010.

2. The Administrator, The Tamil Nadu State Transport Corporation Employees Pension Fund Trust, Thiruvalluvar House, Pallavan Salai, Chennai-600 002.

+ 3 CC TO Mr.C.THANGAMANI, ADVOCATE IN SR Nos. 57388 to 57390 TSG TE/SV-MMS/SAR-3 : 07/06/2018 : 2P/6C ORDER MADE IN W.P.(MD).Nos.6359 to 6361 of 2018 23.03.2018 https://hcservices.ecourts.gov.in/hcservices/