Madras High CourtWP(MD)/3522/2024disposed of

Manoharan. S v. The Managing Director

2024-02-16Honourable Mrs Justice L.Victoria Gowri4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 16.02.2024

CORAM

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

1. The Managing Director, State Express Transport Corpn., (TN) Ltd, Corporate Office, No.2, Pallavan Salai, Chennai 600 002.

2. The Finance Advisor and Chief Accounts Officer, State Express Transport Corpn., (TN) Ltd, Corporate Office, No.2, Pallavan Salai, Chennai 600 002.

... 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 disburse the interest at the rate of 6 % as per Court direction for belated payment of terminal benefits of Gratuity, Provident Fund and Leave Salary for a period of more than 13 1⁄2 months from 01.05.2020 to 15.06.2021 to the petitioner.

For Petitioner : Mr.M.Fernand For Respondents : Mr.K.Senthil Kumar (R1) Mr.S.C.Herold Singh(R2) Standing Counsels 1/4

ORDER

The present writ petition has been filed seeking a direction to the respondents to disburse the interest at the rate of 6 % as per Court direction for belated payment of terminal benefits of Gratuity, Provident Fund and Leave Salary for a period of more than 13 1⁄2 months from 01.05.2020 to 15.06.2021 to the petitioner.

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 as Driver by the respondent Corporation. He retired from service on attaining the age of superannuation on 30.04.2020.

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 from the date of his retirement to till the date of payment. 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.

16.02.2024 NCC : Yes / No Index : Yes / No Internet : Yes PNM 3/4

L.VICTORIA GOWRI, J.

PNM ORDER IN 16.02.2024 4/4