Madras High CourtWP(MD)/12297/2014disposed of

K.Kuppusamy v. The Mangement Of Tamilnadu

2020-10-16Honourable Mr Justice S.M. Subramaniam2 pages

W.P(MD).No.12297 of 2014 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 16.10.2020

CORAM:

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM W.P.(MD)No.12297 of 2014 K.Kuppusamy ... Petitioner Vs.

1.The Management of Tamil Nadu, State Transport Corporation, (Kumbakonam) Ltd., Represented by its Managing Director, Kumbakonam.

2. The General Manager, Tamil Nadu State Transport Corporation, (Kumbakonam) Ltd., Pudukkottai Region, Pudukkottai.

3.The Administrator, Tamil Nadu State Transport Corporation, Pension Fund Trust, Thiruvalluvar House, Pallavan Salai, Chennai. ... Respondents PRAYER: Writ Petition under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents to pay interest at the rate of 10% per annum for the belated settlement of retirement benefits to the petitioner including gratuity, leave salary and commuted value of pension for the period from 31.07.2011 to till the date on which the above said benefits were paid to the petitioner.

For Petitioner : Mr.A.Rahul For R1 and R2 : Mr.D.Sivaraman For R3 : No appearance

ORDER

The relief sought for in the present writ petition is for a direction to direct the respondents to pay the interest at the rate of 10% per annum for the belated settlement of retirement benefits to the petitioner including gratuity, leave salary and commuted value of pension for the period from 31.07.2011 to till date. 2.The petitioner joined the service of the first respondent Transparent Corporation as Helper with effect from 22.01.1974 and thereafter, he was promoted as Assistant Tradesman, Tradesman, Senior Tradesman, Foreman and as General Foreman on various dates. https://hcservices.ecourts.gov.in/hcservices/

W.P(MD).No.12297 of 2014 Finally, the petitioner reached the age of retirement from service on 31.07.2011 and he was allowed to retire from service. However, there is a delay in settlement of terminal and pensionary benefits. In view of the fact that there was a long delay in settling the terminal and pensionary benefits, the petitioner is constrained to move the present writ petition.

3.The learned counsel appearing on behalf of the respondents Transport Corporation now made a submission that the interest claimed by the writ petitioner had already been settled in the year of 2018 as per the rules in force. The interests as applicable for the belated settlement have been paid to the writ petitioner. 4.In view of the fact that both the terminal benefits as well as the interest for the belated payment, as applicable had already been settled in favour of the writ petitioner, no further consideration is required and accordingly, the writ petition stands disposed of. No costs.

Sd/- Assistant Registrar (T&P) // True Copy // NS / /2020 Sub Assistant Registrar(CS) To 1.The Managing Director, Management of Tamil Nadu, State Transport Corporation, (Kumbakonam) Ltd., Kumbakonam.

2. The General Manager, Tamil Nadu State Transport Corporation, (Kumbakonam) Ltd., Pudukkottai Region, Pudukkottai.

3. The Administrator, Tamil Nadu State Transport Corporation, Pension Fund Trust, Thiruvalluvar House, Pallavan Salai, Chennai.

+1CC to Mr.D.SIVARAMAN, Advocate SR-20359.

W.P.(MD)No.12297 of 2014 16.10.2020 CK(CO) CS(02.11.2020) 2P 5C https://hcservices.ecourts.gov.in/hcservices/