Madras High CourtWP(MD)/19973/2018disposed of

R.Baskaran v. The Managing Director

2018-09-18Honourable Mr Justice S. Vaidyanathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 18.09.2018

CORAM:

THE HONOURABLE Mr.JUSTICE S.VAIDYANATHAN W.P.(MD)No.19973 of 2018 R.Baskaran ... Petitioner Vs.

1.The Managing Director, Tamil Nadu State Road Transport Corporation (Kumbakonam) Ltd., Kumbakonam, Thanjavur District.

2.The General Manager, Tamil Nadu State Road Transport Corporation (Kumbakonam) Ltd., Karaikudi Region, Karaikudi, Sivagangai District.

... Respondents PRAYER: Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents herein to pay interest to the petitioner at the rate of 18% per annum for the belated payment of Rs.6,52,366/- towards his retirement benefit of Gratuity from the date of retirement i.e.,30.06.2016 to the date of full settlement i.e., 16.06.2017 within a time stipulated by this Court.

For Petitioner : Mr.J.Lawrance For Respondents : Mr.D.Sivaraman

O R D E R

This Writ Petition has been filed to direct the respondents to pay interest to the petitioner for the belated payment of gratuity from the date of retirement i.e.,30.06.2016 to the date of full settlement i.e., 16.06.2017.

2.Mr.D.Sivaraman, learned standing counsel takes notice for the respondents. By consent of both parties, this Writ Petition is taken up for final disposal at the stage of admission stage itself. 3.This Court earlier directed the respondent corporation to settle the terminal benefits of the petitioner in twelve equal monthly instalments on 30.11.2016. But the respondent corporation paid the same only on 16.06.2017. Admittedly, as there is a delay in payment of gratuity, the petitioner shall be entitled for interest at the rate of 6% per annum, in the light of the decision of the Division Bench of this Court made in W.A.(MD)No.465 of 2017 etc, batch, dated 30.06.2017.

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4.In view of the above, the respondents are directed to pay the interest at the rate of 6% per annum, within a period of two months from the date of receipt of a copy of this order. 5.With the above observation, this Writ Petition is disposed of. No costs.

Sd/ Assistant Registrar(Records) /True copy/ Sub Assistant Registrar(CS-IV) To 1.The Managing Director, Tamil Nadu State Road Transport Corporation (Kumbakonam) Ltd., Kumbakonam, Thanjavur District.

2.The General Manager, Tamil Nadu State Road Transport Corporation (Kumbakonam) Ltd., Karaikudi Region, Karaikudi, Sivagangai District.

+1cc to Mr.J.LAWRANCE, Advocate, SR.No. 85019 +1cc to Mr.D.SIVARAMAN, Advocate, SR.No.84845 W.P.(MD)No.19973 of 2018 18.09.2018 GNS KK/RSK/SAR-4/14.11.2018/2P-5C https://hcservices.ecourts.gov.in/hcservices/