M.Subbaian, 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.5540 of 2015 M.Subbaian .. 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 30.04.2013 along with interest at the rate of 18% per annum within the time frame as may be fixed by this Court.
For petitioner : Mr.A.Rahul 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.
4. The learned Counsel appearing for the petitioner submits that the gratuity and other benefits have been paid. However, the interest on belated payment of gratuity is yet to be paid. https://hcservices.ecourts.gov.in/hcservices/
5. The learned Standing Counsel appearing for the respondent Corporation would fairly concede that there was some delay in disbursing the said benefits. Therefore for the period of delay, interest will have to be paid.
6. This Court directs the respondent Corporation to pay the interest at the rate 6% on the belated payment of leave salary and gratuity within a period of eight weeks from the date of receipt of a copy of this order.
5. This Writ petition is allowed, as indicated above. No costs. Consequently 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.D.Sivaraman, Advocate Sr.No.44158 +1cc to Mr.A.Rahul, Advocate Sr.No.44073 kmi VB/KK/SAR4/22.03.2018/2P/5C ORDER MADE IN W.P(MD).No.5540 of 2015 24.01.2018 https://hcservices.ecourts.gov.in/hcservices/