Dhanabalan C v. The Managing Director
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 22.02.2024
CORAM
THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI C.Dhanabalan ... Petitioner Vs.
1.The Managing Director, Tamil Nadu State Transport Corporation (MDU) Ltd., Madurai Division, Bye-Pass Road, Madurai-625 016.
2.The General Manager, Tamil Nadu State Transport Corporation (MDU) Ltd., Madurai Division, Bye-Pass Road, Madurai-625 016.
3.The Administrator, Tamil Nadu State Transport Employees' Pension Fund Trust, Thiruvalluvar Illam, Anna 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 pay 6% interest amount of Rs.1,45,633/- for the belated payment of terminal benefits amount of Rs.26,52,589/- such as P.F., Gratuity, Leave Salary, and 1/4
Commutation, payable to the petitioner from the date of my retirement i.e. On 30.06.2022 to till the date of actual payment made to him i.e. 30.05.2023. For Petitioner : Mr.A.K.Thangavelu For R-1 & 2 : Mr.S.Raja, Standing Counsel For R-3 : Mr.S.C.Herold Singh, Standing Counsel
ORDER
By consent of both parties, this Writ Petition is taken up for final disposal at the stage of admission itself.
2.The present writ petition has been filed seeking direction to the respondents to pay 6% interest amount of Rs.1,45,633/- for the belated payment of terminal benefits amount of Rs.26,52,589/- such as P.F., Gratuity, Leave Salary, and Commutation, payable to the petitioner from the date of my retirement i.e. on 30.06.2022 to till the date of actual payment made to him i.e. 30.05.2023.
3.The petitioner was appointed as Driver in the respondent corporation in the year 1993. After completing 25 years of service, he voluntarily retired from service on 30.06.2022.
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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 respondents 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 within a period of twelve (12) weeks from the date of receipt of a copy of this order. No costs.
22.02.2024 NCC : Yes / No Index : Yes / No Internet : Yes Mrn 3/4
L.VICTORIA GOWRI, J.
Mrn To 1.The Managing Director, Tamil Nadu State Transport Corporation (MDU) Ltd., Madurai Division, Bye-Pass Road, Madurai-625 016.
2.The General Manager, Tamil Nadu State Transport Corporation (MDU) Ltd., Madurai Division, Bye-Pass Road, Madurai-625 016.
3.The Administrator, Tamil Nadu State Transport Employees' Pension Fund Trust, Thiruvalluvar Illam, Anna Salai, Chennai-600 002.
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