M.P. Dhanasekaran v. The Management Of

W.P.(MD)No.25454 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.11.2019

CORAM:

THE HONOURABLE MS.JUSTICE V.M.VELUMANI W.P(MD)No.25454 of 2019 M.P.Dhanasekaran ... Petitioner vs.

The Management of Tamil Nadu State Transport Corporation (Kumbakonam) Ltd., 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 01.03.2019 to 20.09.2019, in paying the amounts paid towards the terminal benefits of the petitioner namely EPF Employee's 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.D.Sivaraman

ORDER

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 01.03.2019 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/Sick Leaves, within a time frame as stipulated by this Court.

2. Mr.D.Sivaraman, learned counsel takes notice for the respondent. 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 working as Driver in the respondent Transport Corporation on 16.04.1987 and retired from service on 28.02.2019 as DR Level-5 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 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 up with the present writ petition.

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W.P.(MD)No.25454 of 2019

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 respondent is 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 (CS-II) // True Copy // Sub Assistant Registrar(CS) Msa To The General Manager Tamil Nadu State Transport Corporation (Kumbakonam) Ltd., Trichy Region Trichy +1 CC to Mr.D.SIVARAMAN, Advocate ( SR-102901[F] dated 02/12/2019 ) W.P(MD)No.25454 of 2019 29.11.2019 VB(30.12.2019) 2P 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2