R. Thangavel, v. The General Manager

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.01.2018

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P. (MD) No.5539 of 2015 R.Thangavel .. Petitioner Vs.

1. The General Manager, Tamil Nadu State Transport Corporation (Kumbakonam Division II) Limited, Trichy Region, Periyamilaguparai, Trichy.

2. The Managing Director, Tamil Nadu State Transport Corporation (Kumbakonam) Limited, No.27, Railway Station New Road, Kumbakonam, Thanjavur District.

.. Respondents PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the respondents to disburse all the retirement benefits such as arrears of leave salary, gratuity and all other terminal benefits due to the petitioner on his retirement on 31.03.2013 along with interest at the rate of 18% per annum within the time frame as may be fixed by this Court.

For petitioner : Mr.V.Balaji For respondents : Mr.D.Sivaraman Standing Counsel for TNSTC *****

O R D E R

*********** Heard the learned Counsel on either side.

2. By consent of both parties, the main writ petition is taken up for final disposal at the stage of admission itself.

3. The writ petitioner is a retired employee of the respondent Corporation.

His retirement benefits were not disbursed. Therefore, the present writ petition came to be filed. https://hcservices.ecourts.gov.in/hcservices/

4. The learned Standing Counsel appearing for the respondent Corporation submits that the leave salary and gratuity

amounts have now been settled. He would fairly concede that there is some delay in making the said payment. Therefore for the period of delay, the interest will have to be paid.

5. Therefore, this Court directs the respondent Corporation to pay the interest at the rate 6% on the leave salary and gratuity within a period of eight weeks from the date of a receipt of a copy of this order.

6. This Writ petition is allowed, as indicated above. No costs.

Sd/- Assistant Registrar(CS-III) /True Copy/ Sub Assistant Registrar To

1. The General Manager, Tamil Nadu State Transport Corporation (Kumbakonam Division II) Limited, Trichy Region, Periyamilaguparai, Trichy.

2. The Managing Director, Tamil Nadu State Transport Corporation (Kumbakonam) Limited, No.27, Railway Station New Road, Kumbakonam, Thanjavur District.

+1cc to Mr.V.Balaji,Advocate SR.No.44260 +1cc to Mr.D.Sivaraman, Advocate Sr.No.44159 KMI VB/KK/SAR4/22.03.2018/2P/5C ORDER MADE IN W.P. (MD) No.5539 of 2015 24.01.2018 https://hcservices.ecourts.gov.in/hcservices/