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Madras High CourtWP(MD)/12706/2018allowed

K.Thiagarajan v. The Managing Director

2018-06-14Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 14.06.2018

CORAM

THE HONOURABLE MR. JUSTICE G.R.SWAMINATHAN W.P (MD)No.12706 of 2018 K.Thiagarajan ... Petitioner vs.

1. The Managing Director, Tamil Nadu State Transport Corporation, Tirunelveli Limited, Tirunelveli-627 003.

2. The General Manager, Tamil Nadu State Transport Corporation, Tirunelveli Limited, Nagercoil Region, Ranithottam, Nagercoil-1.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondents to pay 6% interest of the retirement benefits from 30.09.2014 to December 2017 to the petitioner in view of the representation dated 10.05.2018.

For Petitioner : Mr.S.Royce Immanuel For Respondents : Mr.K.Sathiya singh Standing Counsel for transport Corporation.

O R D E R

The petitioner is a retired employee of the respondent Corporation. His retirement benefit was belatedly settled and therefore, he seeks a direction for payment of 6% interest for the said delay.

2. In similar matters, this Court with the consent of both parties had passed an order that if the 6% interest amount is not paid within a period of two months, it would carry further interest at the rate of 18% on the expiry of the two months period.

3. This Court is of the view that the similar order can be passed in this case also, which reads as follows: "5. Considering the said submissions made by https://hcservices.ecourts.gov.in/hcservices/

both sides, this writ petition is disposed of with the following direction.

The respondents shall pay 6 % interest for the delayed payment of retirement benefits tot he petitioner within a period of two months from the date of receipt of a copy of this order.

It is made clear that within the said two months, if the 6% interest are not paid, the same shall carry further interest of 18% per annum on the expiry of two months period"

4.The writ petition is allowed accordingly. No costs. Sd/- Assistant Registrar (RTI) /True Copy/ Sub Assistant Registrar To

1. The Managing Director, Tamil Nadu State Transport Corporation, Tirunelveli Limited, Tirunelveli-627 003.

2. The General Manager, Tamil Nadu State Transport Corporation, Tirunelveli Limited, Nagercoil Region, Ranithottam, Nagercoil-1.

+ 1 CC TO Mr.S.ROYCE IMMANUEL, ADVOCATE IN SR No. 68486 + 1 CC TO Mr.K.SATHIYA SINGH, ADVOCATE IN SR No. 68315 AAV/RMK TE/JC/SAR-3 : 27/06/2018 : 2P/5C W.P (MD)No.12706 of 2018 14.06.2018 (2/6) https://hcservices.ecourts.gov.in/hcservices/