Madras High CourtWP(MD)/24182/2019disposed of

S.Ramalingam v. The Tamilnadu State Transport

2019-11-15Honourable Ms.Justice V.M.Velumani2 pages

W.P.(MD)No.24182/2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 15.11.2019

CORAM:

THE HONOURABLE MS.JUSTICE V.M.VELUMANI W.P(MD)No.24182 of 2019 S.Ramalingam ... Petitioner vs.

1.Tamil Nadu State Transport Corporation (Madurai) Ltd., Represented by its Managing Director Madurai 2.The General Manager Tamil Nadu State Transport Corporation (Madurai) Ltd., Madurai Region Madurai 3.The Administrator Tamil Nadu State Transport Corporation Pension Fund Trust Thiruvalluvar Illam Pallavan Salai Chennai - 2 ... 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, Commuted Value of pension and Provident Fund from the date of the petitioner's retirement till the date on which the said benefits were settled to him.

For Petitioner : Mr.A.Rahul For R1 & R2 : Mr.J.Senthilkumariah For R3 : Mr.A.Swaminathan

ORDER

This writ petition is 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, Commuted Value of pension and Provident Fund from the date of the petitioner's retirement to till the date on which the same benefits were settled to him.

2. Mr.J.Senthil Kumariah, learned counsel takes notice for the respondents 1 & 2 and Mr.A.Swaminathan, learned counsel takes notice for the third respondent. By consent of parties, the Writ Petition is taken up for final disposal at the stage of admission itself.

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W.P.(MD)No.24182/2019

3. According to the petitioner, he was working as Special Grade Conductor in the first respondent Transport Corporation and retired from service on 28.02.2019. His terminal benefits were settled on 21.09.2019 after delay of more than one year. 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 31.10.2019 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, the learned counsel appearing for the respondents 1 & 2 and the learned counsel appearing for the third 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 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 February, 2020.

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

Sd/- Assistant Registrar (CS-III) // True Copy // Sub Assistant Registrar(CS) msa +1 CC to Mr.J.SENTHIL KUMARAIAH, Advocate ( SR-98569[F] dated 15/11/2019 ) +1 CC to Mr.A.RAHUL, Advocate ( SR-99062[F] dated 18/11/2019 ) W.P(MD)No.24182 of 2019 15.11.2019 VB(06.12.2019) 2P 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2