M.Ramaiya v. The Management Of
W.P.(MD)No.24228/2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.11.2019
CORAM:
THE HONOURABLE MS.JUSTICE V.M.VELUMANI W.P.(MD) No.24228 of 2019 M.Ramaiya ... Petitioner -VsThe Management of Tamil Nadu State Transport Corporation (Kumbakonam) Limited, Trichy Region, Represented by its General Manager, Trichy.
... 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 period of delay from 01.12.2018 to 20.09.2019, in paying the amounts paid towards the terminal and pension benefits of the petitioner, namely, EPF Employees' Contribution, Gratuity and Encashment of Earned / Sick Leaves, within a time frame as may be fixed by this Court. For Petitioner : Mr.S.Arunachalam For Respondent : Mr.P.Balasubramanian
ORDER
This Writ Petition is filed to direct the respondent to pay interest at the rate of 18% per annum for the period of delay from 01.12.2018 to 20.09.2019, in paying the amounts paid towards the terminal and pension benefits of the petitioner, namely, EPF Employees' Contribution, Gratuity and Encashment of Earned / Sick Leaves, within a time frame as may be fixed by this Court. 2.Mr.P.Balasubramanian, learned counsel takes notice on behalf of the respondent. By consent of both parties, this Writ Petition is taken up for final disposal at the stage of admission itself.
3.According to the petitioner, he was appointed as Security Guard in the respondent Transport Corporation and retired from service on 30.11.2018 as Security Sergeant. His terminal benefits were settled on 20.09.2019, after delay of more than 12 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 30.09.2019 and the respondent has not passed any orders on the representation. Hence, the petitioner has come out with the present writ petition. https://hcservices.ecourts.gov.in/hcservices/ 1/4
W.P.(MD)No.24228/2019 4.Heard the learned counsel appearing for the petitioner, 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 installments on or before 10th day of every English Calendar month. The first installment is to be paid on or before 10th day of March, 2020.
6.With the above direction, the Writ Petition stands disposed of. No costs.
Sd/- Assistant Registrar (AD-II) // True Copy // Sub Assistant Registrar(CS) Myr To The General Manager, Tamil Nadu State Transport Corporation (Kumbakonam) Limited, Trichy Region, Trichy.
+1 CC to Mr.P. BALASUBRAMANIAN, Advocate ( SR-99613[F] dated 20/11/2019 ) W.P.(MD)No.24228 of 2019 18.11.2019 VB(05.12.2019) 2P 3C https://hcservices.ecourts.gov.in/hcservices/ 2/4