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Madras High CourtWP(MD)/20745/2017allowed

P.Abdul Wahaap, v. Tamil Nadu State Transport

2018-01-22Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.01.2018

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD) No.20745 of 2017 P.Abdul Wahaap ... Petitioner Vs.

1.Tamil Nadu State Transport, Corporation (Kumbakonam) Limited, Represented by its Managing Director, Railway Station Road, Kumbakonam-612 001.

2.The General Manager, Tamil Nadu State Transport Corporation (Kumbakonam) Limited, Karaikudi Region, Karaikudi-630307.

...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 unavailed leave salary together with 18% interest from the date of his retirement i.e. 31.12.2012 to till the date of payment and all other attendant benefits to him within the stipulated period. For Petitioner :

Mr.A.K.Thangavelu for Mr.A.Rahul For Respondents :

Mr.D.Sivaraman

ORDER

Heard the learned counsel on either side.

2.By consent of both 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. The petitioner has given a representation in this regard on 29.08.2017. Therefore, this Writ petition has been filed.

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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(CS-I) /True copy/ Sub Assistant Registrar To +1cc to Mr.D.Sivaraman, Advocate, SR.No.43232. W.P.(MD) No.20745 of 2017 22.01.2018 tsg RAM/SV MMS/SAR 4/04.05.2018/2P/2C https://hcservices.ecourts.gov.in/hcservices/