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Madras High CourtWP(MD)/23061/2019disposed of

S.Kamaraj v. The Tamil Nadu State Transport Corporation(Kum) Ltd.,

2019-11-01Honourable Ms.Justice V.M.Velumani2 pages

W.P.(MD) No.23061 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 01.11.2019

CORAM:

THE HONOURABLE MS.JUSTICE V.M.VELUMANI W.P.(MD) No.23061 of 2019 S.Kamaraj ... Petitioner -Vs1.Tamil Nadu State Transport Corporation(Kumbakonam) Ltd., Represented by its Managing Director Bye Pass Road, Kumbakonam 612 401 2.The General Manager Tamil Nadu State Transport Corporation (Kumbakonam) Ltd., Trichy Region Trichy ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondents to settle interest for the belated payment of the petitioner's terminal benefits including Gratuity, Terminal Leave Salary and Provident Fund from the date of the petitioner's retirement to till the date on which the said benefits were settled to him. For Petitioner : Mr.A.Rahul For Respondents : Mr.D.Sivaraman

ORDER

This Writ Petition has been filed for a direction to the respondents to settle interest for the belated payment of the petitioner's terminal benefits including Gratuity, Terminal Leave Salary and Provident Fund from the date of the petitioner's retirement to till the date on which the said benefits were settled to him.

2.Mr.D.Sivaraman, learned counsel takes notice on behalf of the respondents. By consent of both parties, this Writ petition is taken up for final disposal at the state of admission itself.

3. According to the petitioner, he was working as Checking Inspector in the first respondent Transport Corporation and retired https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD) No.23061 of 2019 from service on 31.03.2019. His terminal benefits were settled on 20.09.2019 after delay of six 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 03.10.2019 and the respondents have not passed any orders on the representation. Hence, the petitioner has come out with the present writ petition.

4. Heard the learned counsel appearing for the petitioner and the learned counsel appearing for the respondents and perused the materials available on record.

5. 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 instalments on or before 10th day of every English Calendar month. The first instalment is to be paid on or before 10th day of January, 2020.

6. With the above direction, the writ petition stands disposed of. No costs.

Sd/- Assistant Registrar // True Copy // Sub Assistant Registrar(CS) msa To 1.The Managing Director , Tamil Nadu State Transport Corporation(Kumbakonam) Ltd., Bye Pass Road, Kumbakonam 612 401 2.The General Manager Tamil Nadu State Transport Corporation (Kumbakonam) Ltd., Trichy Region, Trichy.

+1 CC to M/s.D. SIVARAMAN, Advocate ( SR-95612[F] dated 01/11/2019 ) +1 CC to M/s.A.RAHUL, Advocate ( SR-95939[F] dated 04/11/2019 ) W.P.(MD)No.23061 of 2019 01.11.2019 JMN(20.11.2019) 2P : 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2