S.N.Jagathnarayanan v. The Managing Director
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :23.12.2016
CORAM:
THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN,J.
W.P.(MD) No.24867 of 2016 S.N.Jagathnarayanan Staff No.86 TH 2018/1904 (Special Grade Technical Level-V-Retired), S/o.(Late) S.V.Narasimman, 2A, Madurai, Veeransamy Koil Street, Puthur, Trichy-17.
... Petitioner vs.
1.The Managing Director, Tamil Nadu State Transport Corporation (Kumbakonam) Ltd., Railway Station Road, Kumbakonam, Thanjavur District.
2.The General Manager, Tamil Nadu State Transport Corporation (Kumbakonam) Ltd., Kumbakonam Division, Periyamilaguparai, Trichy-1.
3.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 praying for issuance of a writ of Mandamus directing the respondents corporation to settle the 18% rate of interest for belated payment of Provident Fund of Rs.11,19,968/- to the petitioner within the time frame that may be stipulated by this Court.
For Petitioner :Mr.N.Sudhagar Nagaraj For Respondents :Mr.D.Sivaraman for R1 and R2 Mr.A.P.MuthuPandian for R3
O R D E R
The petitioner has filed this petition for a Mandamus directing the respondent corporation to settle 18% rate of interest for belated payment of Provident Fund of Rs.11,19,968/- to him.
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2. Though the petitioner has come forward with the afore-said
prayer, he would submit that Provident Fund was belatedly paid for which he restricted his claim of interest at 6% per annum.
3. The learned counsel for the respondents would submit that generally Provident Fund would be settled within a period of 3 months. In the present case, due to financial constraint, Provident Fund was settled within a period of 6 months. In many other cases, the Provident Fund of other employees are yet to be settled. Payment of 18% interest as prayed by the petitioner would cause further financial constraint.
4. Taking note of the submissions of the learned counsel on either side, the respondents are directed to pay interest at the rate of 6% from the date of superannuation till the date of actual payment of Provident Fund made to the petitioner, within a period of three months from the date of receipt of a copy of this order. The writ petition is disposed of with the above direction. No costs.
Sd/- Assistant Registrar /True copy/ Sub Assistant Registrar/- To 1.The Managing Director, Tamil Nadu State Transport Corporation (Kumbakonam) Ltd., Railway Station Road, Kumbakonam, Thanjavur District.
2.The General Manager, Tamil Nadu State Transport Corporation (Kumbakonam) Ltd., Kumbakonam Division, Periyamilaguparai, Trichy-1.
3.The Administrator, Tamil Nadu State Transport Corporation Employees Pension Fund Trust, Thiruvalluvar House, Pallavan Salai, Chennai-600 002.
+1cc to Mr.D.Sivaraman,Advocate,SR.83250.
JIKR KK-GSV-SV-19.01.17-2P-5C W.P.(MD) No.24867 of 2016 23.12.2016 https://hcservices.ecourts.gov.in/hcservices/