R.Krishnakumar v. The Managing Director

W.P.(MD)No.22973/2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 31.10.2019

CORAM:

THE HONOURABLE MS.JUSTICE V.M.VELUMANI W.P.(MD) No.22973 of 2019 R.Krishnakumar ... Petitioner -Vs1.The Managing Director, Tamil Nadu State Transport Corporation (Kumbakonam) Limited, Corporate Office, Kumbakonam.

2.The Administrator, Tamil Nadu State Transport Corporation Employees' Pension Fund Trust, Thiruvalluvar House, Anna Salai, Chennai-600 002.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondents to pay interest at the rate of 18% per annum for the belated payment of retirement benefits including Provident Fund, Leave Salary, commuted value of pension within the time limit that may be fixed by this Court.

For Petitioner : Mr.A.R.Palanisamy For Respondents : Mr.D.Sivaraman

ORDER

This Writ Petition is filed to direct the respondents to pay interest at the rate of 18% per annum for the belated payment of retirement benefits including Provident Fund, Leave Salary, commuted value of pension within the time limit that may be fixed by this Court.

2.According to the petitioner, he was appointed as Assistant Engineer on 18.05.1987 and retired from service on 30.06.2018, as General Manager, on attaining the age of superannuation. His terminal benefits were settled on 20.09.2019, after delay of more than 15 months. The grievance of the petitioner is that, the respondents have not paid the interest for the delayed payment as per the judgment of the First Bench of this Court, dated 12.06.2015 in W.A.(MD)Nos.383 to 457 of 2015. He made representation to the respondents on 27.09.2019 and the respondents have not passed any orders on the representation. Hence, the petitioner has come out with the present Writ Petition.

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W.P.(MD)No.22973/2019 3.Heard the learned counsel appearing for the petitioner, the learned counsel appearing for the respondents and perused the materials available on record.

4.This issue has already been decided by the First Bench of this Court referred to above. In view of the same, the respondents are directed to pay the interest at the rate of 6% for the delayed payment in twelve (12) equal monthly installments on or before 10th day of every English Calendar month. The first installment is to be paid on or before 10th day of February, 2020. 5.In the result, the Writ Petition is disposed of. No costs. Sd/- Assistant Registrar (CS-III) // True Copy // Sub Assistant Registrar(CS) Myr +1 CC to Mr.D.SIVARAMAN, Advocate ( SR-95225[F] dated 31/10/2019 ) +1 CC to Mr.A.R.PALANISAMY, Advocate ( SR-95336[F] dated 31/10/2019 ) W.P.(MD)No.22973 of 2019 31.10.2019 (3/13) VB(12.12.2019) 2P 3C https://hcservices.ecourts.gov.in/hcservices/ 2/4