Madras High CourtWP(MD)/831/2016disposed of

K. Raju, S/O. Karuppanan v. The Tamil Nadu State Transport

2016-01-18Honourable Mr Justice D. Hariparanthaman2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 18.01.2016

CORAM

THE HONOURABLE MR.JUSTICE D.HARIPARANTHAMAN W.P.(MD)No.831 of 2016 K.Raju ..Petitioner Vs.

1.The Tamil Nadu State Transport Corporation (Madurai) Ltd., represented by its Managing Director, Madurai.

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

..Respondents Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus directing the respondents to pay interest at the rate of 18% per annum for the belated payment of the commuted value of pension and gratuity within the time limit that may be fixed by this Court.

For Petitioner : Mr.A.Rahul For Respondents : Mr.A.P.Muthupandian

ORDER

The petitioner was employed in the respondent Transport Corporation. He retired from service on 30.04.2012 on attaining the age of superannuation. But the commuted value of pension was settled only on 23.12.2013 and the gratuity was settled only on 30.12.2013. The grievance of the petitioner is that he is not paid interest for the belated payment. 2.The learned counsel for the petitioner has submitted that the petitioner would be satisfied if 6% interest is paid, as per the judgment of the Hon'ble Division Bench made in W.A(MD)Nos.383 to 457 of 2015, dated 12.06.2015, though the petitioner is entitled to higher rate of interest as per the Payment of Gratuity Act.

3.In view of such limited prayer, the learned counsel for the respondent Transport Corporation has no serious objection to give 6% interest. In these circumstances, the writ petition is disposed of directing the respondent Transport Corporation to pay interest at the rate of 6% per annum for the delayed settlement of commuted value of pension and for gratuity, within a period of twelve weeks from the date of receipt of a copy of this order. No costs. Sd/- Assistant Registrar(W) /True copy/ https://hcservices.ecourts.gov.in/hcservices/ Sub Assistant Registrar(CS)

To 1.The Managing Director, Tamil Nadu State Transport Corporation (Madurai) Ltd., Madurai.

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

+1cc to Mr.A.Rahul, Advocate in SR.2519 W.P.(MD)No.831 of 2016 18.01.2016 KM PBK/AAL-MPA/SAR-II 19.01.2016 ::2P-4C:(IT) https://hcservices.ecourts.gov.in/hcservices/