A.Jayachandran v. The General Manager

W.P.(MD)No.23193/2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05.11.2019

CORAM:

THE HONOURABLE MS.JUSTICE V.M.VELUMANI W.P(MD)No.23193 of 2019 A.Jeyachandran ... Petitioner vs.

The General Manager Tamil Nadu State Transport Corporation (Kumbakonam) Ltd., Karaikudi Region Maruthupathi, Karaikudi Sivagangai ... Respondent PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondent to pay interest at the rate of 18% per annum for the delayed payment of retirement benefits within the time that may be fixed by this Court. For Petitioner : Mr.G.M.Xavier For Respondent : Mr.P.Balasubramanian

ORDER

This writ petition is filed for a direction to the respondent to pay interest at the rate of 18% per annum for the delayed payment of retirement benefits within a time frame as stipulated by this Court.

2. Mr.P.Balasubramanian, learned counsel takes notice for the respondent. By consent of both parties, the Writ Petition is taken up for final disposal at the stage of admission itself.

3. According to the petitioner, he was working as Electrician in the respondent Transport Corporation and retired from service on 31.05.2018 as Assistant Engineer. His terminal benefits were settled on 31.08.2019 after delay of more than one year and three months. The grievance of the petitioner is that, the respondent has 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 respondent on 28.09.2019 and the respondent has 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.23193/2019

4. Heard the learned counsel appearing for the petitioner and the learned counsel appearing for the respondent 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 respondent is 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 February, 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 The General Manager Tamil Nadu State Transport Corporation (Kumbakonam) Ltd., Karaikudi Region Maruthupathi, Karaikudi Sivagangai +1CC TO MR.G.M.XAVIER, Advocate Sr. No.96614 +1CC TO MR.P.BALASUBRAMANIAN, Advocate Sr. No. 96182 W.P(MD)No.23193 of 2019 05.11.2019 SRC(CO) TR(20.11.2019)2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2