Madras High CourtWP(MD)/1502/2024disposed of

Samidurai .C v. The Managing Director

2024-01-24Honourable Mrs Justice L.Victoria Gowri4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 24.01.2024

CORAM

THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI C.Samidurai ... Petitioner Vs

1. The Managing Director, Tamil Nadu State Transport Corporation (Kumbakonam) Ltd., Kumbakonam, Thanjavur District.

2. The General Manager, Tamil Nadu State Transport Corporation (Kumbakonam) Ltd., Periyamilagupaarai, Trichy Region, Trichirappalli District.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondents to settle the interest for the belated payment of retirement benefits along with Gratuity, Earned Leave, Provident Fund and other retirement benefits payable to the petitioner with 6 percent rate of interest within the time frame stipulated by this Court.

For Petitioner : Mr. N.Sudhagar Nagaraj For Respondents : Mr.K.Ramaiah(R1, R2) Standing Counsel 1/4

ORDER

The present writ petition has been filed seeking a direction to the respondents to settle the interest for the belated payment of retirement benefits along with Gratuity, Earned Leave, Provident Fund and other retirement benefits payable to the petitioner with 6 % rate of interest, within the time frame stipulated by this Court.

2. By consent of both parties, this Writ Petition is taken up for final disposal at the stage of admission itself.

3. The petitioner was employed by the respondent Corporation on 03.04.1990. He retired from service on 31.05.2022.

4. It is admitted that his terminal benefits were not settled immediately but only belatedly. The only question that arises for consideration is as regards the rate of interest payable on the belated settlement.

5. The issue raised in this writ petition was already decided by this Court vide order, dated 07.03.2023 in W.P(MD)No.4866 of 2023 (C.Murugan 2/4

Vs. The Tamil Nadu State Transport Corporation (Tirunelveli) Ltd., & Another).

6. In view of the above, this Writ Petition stands disposed of by directing the respondent Corporation to pay interest at the rate of 6% per annum for belated settlement of petitioner's retirement benefits along with Gratuity, Earned Leave, Provident Fund and other retirement benefits. This shall be done within a period of twelve (12) weeks from the date of receipt of a copy of this order. There shall be no order as to costs.

24.01.2024 NCC : Yes / No Index : Yes / No Internet : Yes PNM 3/4

L.VICTORIA GOWRI, J.

PNM ORDER IN 24.01.2024 4/4