R.G.Pratap v. Tamil Nadu State Transport

W.P(MD)No.25004 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 26.11.2019

CORAM:

THE HONOURABLE MS.JUSTICE V.M.VELUMANI W.P(MD)No.25004 of 2019 R.G.Pratap ... Petitioner vs.

1.Tamil Nadu State Transport Corporation (Madurai) Ltd., Represented by its Managing Director Bye Pass Road, Madurai -10 2.The General Manager Tamil Nadu State Transport Corporation (Madurai) Ltd., Madurai Region Bye Pass Road, Madurai-10 3.The Administrator Tamil Nadu State Transport Corporation Pension Fund Trust Thiruvalluvar Illam Anna 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 to the petitioner at 6% per annum for the belated payment of Provident Fund Gratuity, Terminal Leave Salary and Commuted Value of pension from the date of the petitioner's retirement to till the date on which the same benefits were settled to him.

For Petitioner : Mr.A.Rahul For Respondents : Mr.J.Senthil Kumaraiah

ORDER

This writ petition is filed for a direction to the respondents to settle interest to the petitioner at 6% per annum for the belated payment of Provident Fund Gratuity, Terminal Leave Salary and Commuted Value of pension 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 Kumaraiah, learned counsel takes notice for the respondents. By consent of parties, the Writ Petition is taken up for final disposal at the stage of admission itself.

3. According to the petitioner, he was appointed as Conductor on 09.04.1989 and retired from service on 30.09.2018 as Special https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P(MD)No.25004 of 2019 Grade Conductor on attaining the age of superannuation. His terminal benefits were settled on 21.09.2019 after delay. 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 11.11.2019 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 March, 2020.

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

Sd/- Assistant Registrar // True Copy // Sub Assistant Registrar(CS ) msa +1 CC to Mr.J.SENTHIL KUMARAIAH, Advocate ( SR-102316[F] dated 28/11/2019 ) +1 CC to Mr.A.RAHUL, Advocate ( SR-102346[F] dated 28/11/2019 ) W.P(MD)No.25004 of 2019 26.11.2019 MK (20.12.2019) 2P 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2