M. Manickavasagam v. The Management Of

W.P.(MD)No.25183 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.11.2019

CORAM:

THE HONOURABLE MS.JUSTICE V.M.VELUMANI W.P(MD)No.25183 of 2019 M.Manickavasagam ... Petitioner Vs.

1. The Management of Tamil Nadu State Transport Corporation (Kumbakonam) Ltd., Trichy Region Represented by its General Manager Trichy

2. The Administrator Tamil Nadu State Transport Employee's 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 pay interest at the rate of 18% per annum for the period of delay from 01.07.2018 to 20.09.2019, in paying the amounts paid towards the terminal and pension benefits of the petitioner namely EPF Employee's Contribution, Gratuity and Encashment of Earned Leaves and Commutated Value of Pension, within a time frame as may be fixed by this Court.

For Petitioner : Mr.S.Arunachalam For Respondents : Mr.D.Sivaraman

O R D E R

This writ petition is filed for a direction to the respondent to pay interest at the rate of 18% per annum for the period of delay from 01.07.2018 to 20.09.2019, in paying the amounts towards the terminal benefits of the petitioner namely EPF Employee's Contribution, Gratuity and Encashment of Earned Leaves and Commutated Value of Pension, within a time frame as stipulated by this Court.

2. Mr.D.Sivaraman, learned counsel takes notice for the respondents. 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 appointed as 'Conductor' in the 1st respondent Corporation on 22.11.1991 and retired from service on 30.06.2018 as 'Special 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 1st respondent has not paid the interest for the delayed https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD)No.25183 of 2019 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 up with the present writ petition.

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 respondents are 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 (CS-II) // True Copy // Sub Assistant Registrar(CS) vrn/msa To 1.The General Manager, Management of Tamil Nadu State Transport Corporation (Kumbakonam) Ltd., Trichy Region Trichy

2. The Administrator Tamil Nadu State Transport Employee's Pension Fund Trust Thiruvalluvar Illam Anna Salai,Chennai -2.

+1 CC to M/s.D. SIVARAMAN, Advocate ( SR-101931[F] dated 27/11/2019 ) SMA/27/12/19/2P/4c W.P(MD)No.25183 of 2019 27.11.2019 https://hcservices.ecourts.gov.in/hcservices/ 2/2