S.Vellaichamy v. Tamil Nadu State Transport Corporation Ltd.,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 31.01.2024

CORAM

THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI S.Vellaichamy ... Petitioner Vs.

1.Tamil Nadu State Transport Corporation Ltd., Rep. by its Managing Director, Madurai Division, Bye Pass Road, Madurai-625 016.

2.The General Managar, Tamil Nadu State Transport Corporation Ltd., Dindigul Region, Chettinaykkanpatti Post, Dindigul-624 005.

... 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 1/5

pay of 6% interest amount of Rs.41,426/- for the belated payment of service surrender leave salary amount of Rs.1,31,928/- payable to the petitioner from the date of his retirement i.e. on 30.06.2017 to till the date of actual payment made to him i.e. on 29.07.2022 and all other attendant benefits to him within the stipulated period.

For Petitioner : Mr.A.K.Thangavelu For Respondents : Mr.K.Ramaiah, Standing Counsel

ORDER

The present writ petition has been filed seeking direction to the respondents to pay of 6% interest amount of Rs.41,426/- for the belated payment of service surrender leave salary amount of Rs.1,31,928/- payable to the petitioner from the date of his retirement i.e. on 30.06.2017 to till the date of actual payment made to him i.e. on 29.07.2022 and all other attendant benefits to him within the stipulated period. 2/5

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 appointed as Junior Assistant (Apprentice) in the respondents corporation on 08.06.1982. On attaining the age of superannuation, he retired from service on 30.06.2017.

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

6. In view of the above, this Writ Petition is disposed of by directing the respondent management to pay interest at the rate of 6% per annum for belated settlement of terminal benefits of the petitioner. The said exercise shall be done 3/5

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.

31.01.2024 NCC : Yes / No Index : Yes / No Internet : Yes Sml 4/5

L.VICTORIA GOWRI, J.

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