S.Vaithyalingam, v. State Express Transport

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.01.2018

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD) No.19965 of 2017 S.Vaithyalingam ... Petitioner Vs.

1.State Express Transport Corporation (Tamil Nadu) Limited, Represented by its Managing Director, Thiruvalluvar Illam, Pallavan Salai, Chennai-600 002.

2.The Administrator, Tamil Nadu State Transport Corporation, Employees Pension Fund Trust, Thiruvalluvar Illam, 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 respondents to pay the terminal benefits amount payable to the petitioner including 18% interest for the belated payment of Provident Fund and Commuted Value of Pension from the date of his retirement i.e. 31.05.2013 to till the date of actual payments made to him and all other attendant benefits, within the stipulated period.

For Petitioner : Mr.A.K.Thangavelu for Mr.A.Rahul For Respondents : Mr.K.Sathyasingh ****

ORDER

Heard the learned counsel on either side.

2.By consent of both the parties, the main Writ Petition is taken up for final disposal.

3.The petitioner is a retired employee of the respondent/Corporation. The terminal benefits have to be paid to the petitioner with interest for the belated payment. Therefore, this Writ petition has been filed.

https://hcservices.ecourts.gov.in/hcservices/ 4.It cannot be denied that when the payments due to the retired employee are to be settled, they must be settled in time. If there

is any delay in disbursing the benefits, the authorities are bound to pay interest there on. Therefore, there is a justification in the petitioner's claim.

5.Therefore, this Court directs the respondents to pay the interest to the petitioner at the rate of 6% per annum within a period of three months from the date of receipt of a copy of this order.

6.This Writ Petition is allowed as indicated above. No costs. Sd/- Assistant Registrar(T&P) /True Copy/ Sub-Assistant Registrar To 1.The Managing Director, State Express Transport Corporation (Tamil Nadu) Limited, Thiruvalluvar Illam, Pallavan Salai, Chennai-600 002.

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

+One cc to M/s.A.K.Thangavelu, Advocate, SR.No.43280 +One cc to M/s.K.Sathiya Singh, Advocate, SR.No.43624 tsg RL/5C/2P/SKN/RSK/SAR4/19/2/2018 W.P.(MD) No.19965 of 2017 22.01.2018 https://hcservices.ecourts.gov.in/hcservices/