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Madras High Court

A.Sekar vs The Managing Director on 4 December, 2019

Author: N.Anand Venkatesh

Bench: N.Anand Venkatesh

                                                           1

                                 IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                 DATED: 04.12.2019

                                                      CORAM

                                 THE HON'BLE MR.JUSTICE N.ANAND VENKATESH

                                              W.P.No.33872 of 2019

                 A.Sekar                                                              ... Petitioner

                                                        -Vs-

                 1. The Managing Director,
                    Tamil Nadu State Transport
                    Corporation (Salem) Ltd.,
                    12, Ramakrishna Salai,
                    Salem – 636 007.

                 2. The Administrator,
                    Tamil Nadu State Transport
                    Corporation Employees Pension Trust,
                    Administrative Office,
                    Thiruvalluvar House, Pallavan Salai,
                    Chennai – 600 002.                                              ... Respondents


                 Prayer: Writ Petition filed under Article 226 of the Constitution of India for

                 issuance of a Writ of Mandamus, directing the respondents to pay the interest at

                 the rate of 6% per annum for the delayed payment of Provident Fund, Gratuity,

                 Leave Salary and Commutation in view of the order made in W.A.(MD).Nos.383 to

                 457 of 2015 dated 12.06.2015 passed by the Division Bench of this High Court.


                                    For Petitioner      : M/s.A.Nagarathinam

                                    For Respondents     : M/s.Rajeni Ramadoss
                                                          Standing Counsel
http://www.judis.nic.in
                                                           2

                                                        ORDER

This writ petition has been filed for the issuance of writ of mandamus directing the respondent Corporation to consider the representation made by the petitioner and to pay interest for settling the retirement benefits with delay.

2.It is the case of the petitioner that he joined the services of the Corporation as early as in the year 1981 and he retired from service as a Senior Tradesman during the year 2018. It is the further case of the petitioner that it took nearly 17 months to settle his retiral benefits and therefore he is entitled for interest on the delayed payment of the retiral benefits. The petitioner made a representation to the respondents on 16.11.2019 claiming for interest. Since, the same has not been considered, the present writ petition has been filed before this Court.

3.Heard M/s.A.Nagarathinam, learned counsel appearing on behalf of the petitioner and Mr.Rajeni Ramadoss, learned Standing Counsel appearing on behalf of the respondents.

4.Taking into consideration the facts and circumstances of the case and the limited relief that has been sought for in this writ petition, there shall be a direction to the 1st respondent to consider the representation made by the petitioner dated 16.11.2019 and pass appropriate orders, strictly in accordance http://www.judis.nic.in 3 with law, within a period of eight weeks from the date of receipt of copy of this order.

5.This writ petition is disposed of with the above direction. No Costs.

04.12.2019 (3/5) Speaking Order/Non-Speaking Order Index : Yes/No Internet : Yes/No ssr To

1. The Managing Director, Tamil Nadu State Transport Corporation (Salem) Ltd., 12, Ramakrishna Salai, Salem – 636 007.

2. The Administrator, Tamil Nadu State Transport Corporation Employees Pension Trust, Administrative Office, Thiruvalluvar House, Pallavan Salai, Chennai – 600 002.

3. The Public Prosecutor, High Court, Madras.

http://www.judis.nic.in 4 N.ANAND VENKATESH,J.

ssr W.P.No.33872 of 2019 (3/5) 04.12.2019 http://www.judis.nic.in