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Madras High CourtWP(MD)/15338/2020disposed of

L.Samynathan v. The Managing Director

2020-11-04Honourable Mr Justice Krishnan Ramasamy2 pages

W.P.(MD)No.15338 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :04.11.2020

CORAM

THE HONOURABLE MR.JUSTICE KRISHNAN RAMASAMY W.P.(MD) No.15338 of 2020 L.Samynathan

...Petitioner

Vs 1.The Managing Director, Tamilnadu State Transport Corporation (KUM) Ltd., New Railway Station Road, Kumbakonam, Thanjavur District 612 001.

2.The General Manager, Tamilnadu State Transport Corporation (KUM) Ltd., Marudhupathi, Karaikudi, Sivagangai District.

...Respondents

PRAYER : Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, to direct the respondents to disburse interest at the rate of 6% for the belated payment of retirement benefits namely, Gratuity, Provident Fund, Leave Salary and Commutation.

For Petitioner : Mr.K.Gokul For Respondents : Mr.P.M.Vishnuvarthan Standing Counsel

ORDER

This Writ Petition has been filed to direct the respondents to disburse the interest at the rate of 6% for the belated payment of retirement benefits namely, Gratuity, Provident Fund, Leave Salary and Commutation to the petitioner.

2.By consent of both parties, this Writ Petition is taken up for final disposal at the admission stage itself. 3.The grievance of the petitioner is that with the relief sought for in the prayer, though he has made a representation, dated 03.10.2020, before the respondents, so far no action has been taken. Hence, the present writ petition.

4.Mr.P.M.Vishnuvarthan, learned standing counsel appearing for the respondents would submit that the petitioner's representation dated 03.10.2020, will be disposed of by the respondents on merits and in accordance with law, within a period of eight weeks. https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD)No.15338 of 2020 5.Recording the submission made by the learned standing counsel and in view of the lapse on the part of the respondents on considering the petitioner's representation, this Court is inclined to pass the following directions:- i) the respondents are directed to consider the petitioner's representation dated 03.10.2020 and pass appropriate orders on merits and in accordance with law, within a period of eight weeks from the date of receipt of a copy of this order; ii) if any interest amount is arrived at by the respondents, the same shall be paid to the petitioner within a period of four weeks therefrom;

6.With the above directions, the Writ Petition stands disposed of. No costs.

Sd/- Assistant Registrar (Records) // True Copy // / /2020 Sub Assistant Registrar(CS) Note: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

+1 CC to M/s.K. GOKUL, Advocate ( SR-21174[F] dated 04/11/2020 ) +1 CC to M/s.P.M. VISHNUVARTHANAN, Advocate ( SR-21200[F] dated 04/11/2020 ) W.P.(MD) No.15338 of 2020 04.11.2020 CK(CO) KB(20.11.2020) 2P 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2