R.Vetharathinam v. The Govt Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25.11.2019

CORAM:

THE HONOURABLE MS.JUSTICE V.M.VELUMANI 1.R.Vetharathinam 2.G.Ramalingam 3.A.Arockia Sahayaraja 4.M.Thilak 5.C.Devaraju 6.R.Sembaraj 7.P.Andavar 8.A.Elangovan ... Petitioners vs.

1.The Government of Tamil Nadu Represented by its Secretary to Government Transport Department, Secretariat Chennai 600 009 2.The Managing Director Tamil Nadu State Transport Corporation (Kumbakonam) Ltd., Railway Station Road, Kumbakonam Thanjavur District 3.The General Manager Tamil Nadu State Transport Corporation (Kumbakonam) Ltd., Periyamilaguparai Trichy 4.The Administrator Tamil Nadu State Transport Corporation Employees Pension Fund Trust Thiruvalluvar House, Pallavan 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 settle interest for the belated payment of retiral benefits payable to the petitioners with 18% rate of interest within the time frame that may be stipulated by this Court.

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For Petitioner: Mr.N.Sudhagar Nagaraj For R1 : Mr.C.Ramar Additional Government Pleader For R2 & R3 :Mr.D.Sivaraman

ORDER

This writ petition is filed for a direction to the respondents to settle interest for the belated payment of retiral benefits payable to the petitioners with 18% rate of interest within the time frame to be fixed by this Court.

2.Mr.C.Ramar, learned Additional Government Pleader takes notice for the first respondent and Mr.D.Sivaraman, learned counsel takes notice for the respondents 2 and 3. By consent of parties, the Writ Petition is taken up for final disposal at the stage of admission itself.

3. According to the petitioners, they were joined the services of the 2nd and 3rd respondents Corporation on various dates. Lastly, they worked on various designations in the 2nd respondent Branch at Trichy Region. They were allowed to retire from service on various dates. The respondents 2 to 4 had settled the retiral benefits with a long delay on 31.08.2019 without interest. The grievance of the petitioners 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. They made representation to the respondents on 24.10.2019 and the respondents have not passed any orders on the representation. Hence, the petitioners have come up with the present writ petition.

4. Heard the learned counsel appearing for the petitioners, the learned Additional Government Pleader appearing for the first respondent, the learned counsel appearing for the respondents 2 and 3 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 March, 2020.

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

Sd/- Assistant Registrar () // True Copy // Sub Assistant Registrar(CS) To The Secretary to Government, Government of Tamil Nadu Transport Department, Secretariat Chennai 600 009.

+1 CC to M/s.N. SUDHAGAR NAGARAJ, Advocate (SR-101353[F] 26/11/2019) +1 CC to M/s.D. SIVARAMAN, Advocate ( SR-101578[F] 26/11/2019 ) +1 CC to M/s.Special Govt. Pleader ( SR-101514[F] dated 26/11/2019 ) 25.11.2019 msa SDS (17.12.2019) 3P 5C 3/3