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Madras High CourtWP(MD)/22168/2018disposed of

S.Kadirvelu v. The Managing Director

2018-10-31Honourable Mr Justice S. Vaidyanathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 31.10.2018 C O R A M THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN W.P.(MD)No.22168 of 2018 S.Kadirvelu ... Petitioner Vs.

1. The Managing Director, Tamil Nadu State Transport Corporation (Madurai) Limited., Bye Pass Road, Madurai.

2. The Administrator, Tamil Nadu State Transport Corporation Employees Pension Fund Trust, Thiruvalluvar House, Pallavan Salai, Chennai - 600 002 ... Respondents PRAYER: Writ Petition filed under Article 226 of the constitution of India, to issue a Writ of Mandamus, directing the respondent to pay interest at the rate of 6% per annum to the petitioner for the belated payment of Gratuity and Pension Commutation from the date of retirement to the date of actual payment.

For Petitioner :Mr.C.Thangamani For Respondent-1 :Mr.A.Jayaram For Respondent-2 :Mr.A.P.Muthupandian Addl.Govt.Pleader

O R D E R

The Writ Petition has been filed praying for issuance of a Writ of Mandamus, directing the respondent to pay interest at the rate of 6% per annum to the petitioner for the belated payment of Gratuity and Pension Commutation from the date of retirement to the date of actual payment.

2. I have heard the learned counsel appearing for the petitioner and the learned Standing Counsel appearing for the respondent.

3. When the matter is taken up for hearing, it is represented by both sides that the issue on hand is squarely covered by the decision of this Court in W.P.(MD)No.6243 of 2018, dated 26.04.2017. https://hcservices.ecourts.gov.in/hcservices/

4. In view of the aforesaid decision of this Court, the request of the petitioner made through the representation, dated 10.10.2018, shall be considered by the Authority and 6% interest for the belated payment on the retiral benefits shall be calculated and paid to the petitioner, within a period of eight weeks from the date of receipt of a copy of this order. It is made clear that if the Authority has not paid the said amount, as directed above, within the time stipulated, the said amount shall carry further interest of 18% per annum, from the expiry of the said eight weeks. 5.With the above direction, the Writ Petition stands disposed of. No costs.

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

1. The Managing Director, Tamil Nadu State Transport Corporation (Madurai) Limited., Bye Pass Road, Madurai.

2. The Administrator, Tamil Nadu State Transport Corporation Employees Pension Fund Trust, Thiruvalluvar House, Pallavan Salai, Chennai - 600 002 +1cc to Mr.C.Thangamani,Advocate Sr.No.93808 MPK KM/BK/SAR4/07.12.2018/2P/4C W.P.(MD)No.22168 of 2018 31.10.2018 https://hcservices.ecourts.gov.in/hcservices/