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[Cites 1, Cited by 2]

Madras High Court

P.Kalyanasundaram vs The Tamil Nadu State Transport ... on 25 November, 2019

Author: V.M.Velumani

Bench: V.M.Velumani

                                                                               W.P.(MD)No.24887/2019


                          BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                               DATED: 25.11.2019

                                                       CORAM:

                               THE HONOURABLE MS.JUSTICE V.M.VELUMANI

                                          W.P(MD)No.24887 of 2019


                  P.Kalyanasundaram                                           ... Petitioner


                                                         vs.

                  1.The Tamil Nadu State Transport Corporation (Kumbakonam) Ltd.,
                    Represented by its Managing Director
                    Bye Pass Road
                    Kumbakonam 612 401

                  2.The General Manager
                   Tamil Nadu State Transport Corporation (Kumbakonam) Ltd.,
                   Pudukottai Region
                   Pudukottai                                           ... 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 at
                  the rate of 6% per annum for the belated payment of the petitioner's
                  terminal benefits including Gratuity, terminal leave salary and provident
                  fund from the date of the petitioner's retirement to till the date on which the
                  said benefits were settled to him.




                  1/4

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                                                                                 W.P.(MD)No.24887/2019


                                    For Petitioner  : Mr.A.Rahul
                                    For Respondents : Mr.D.Sivaraman

                                                      ORDER

This writ petition is filed for a direction to the respondents to settle interest at the rate of 6% per annum for the belated payment of the petitioner's terminal benefits including Gratuity, terminal leave salary and provident fund from the date of the petitioner's retirement to till the date on which the said benefits were settled to him.

2. Mr.D.Sivaraman, 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 in the first respondent Transport Corporation on 01.08.1990 and retired from service on 31.05.2018 as Special Grade Conductor on attaining the age of superannuation. His terminal benefits were settled on 20.09.2019 after delay of more than one year. 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. 2/4 http://www.judis.nic.in W.P.(MD)No.24887/2019 (MD)Nos.383 to 457 of 2015. He made representation to the respondents on 18.10.2019 and the respondents have 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, 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.

25.11.2019 Index : Yes / No Internet : Yes / No msa 3/4 http://www.judis.nic.in W.P.(MD)No.24887/2019 V.M.VELUMANI,J.

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