Alagesan M v. The Managing Director

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 22.02.2024

CORAM

THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI M.Alagesan ... Petitioner Vs.

1.The Managing Director, Tamil Nadu State Transport Corporation (Madurai) Ltd., Bye-Pass Road, Madurai - 16.

2.The General Manager, Tamil Nadu State Transport Corporation (Madurai) Ltd., Madurai Region, Madurai - 16.

3.The Administrator, Tamil Nadu State Transport Employees' Pension Fund Trust, Thiruvalluvar Illam, Anna Salai, Chennai-2.

... 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 belated payment interest at the rate of 6 percentage p.a on the delayed payment of Retirement Benefits such as Provident Fund Rs.6,83,400/-, Gratuity Rs.5,43,510/-, Leave Salary Rs.6,873/- and Commutation Rs.3,88,046/- from the date of retirement on 30.04.2020 till the date of settlement on 02.06.2021. For Petitioner : Mr.S.Govindan For R-1, 2 : Mr.S.Raja, Standing Counsel 1/4

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 settle the belated payment interest at the rate of 6 percentage p.a on the delayed payment of Retirement Benefits such as Provident Fund Rs. 6,83,400/-, Gratuity Rs.5,43,510/-, Leave Salary Rs.6,873/- and Commutation Rs.3,88,046/- from the date of retirement on 30.04.2020 till the date of settlement on 02.06.2021.

3.The petitioner was appointed as Conductor in the respondent corporation. After completing 25 years of service, he voluntarily retired from service 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. 2/4

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 To 1.The Managing Director, Tamil Nadu State Transport Corporation (Madurai) Ltd., Bye-Pass Road, Madurai - 16.

2.The General Manager, Tamil Nadu State Transport Corporation (Madurai) Ltd., Madurai Region, Madurai - 16.

3.The Administrator, Tamil Nadu State Transport Employees' Pension Fund Trust, Thiruvalluvar Illam, Anna Salai, Chennai-2.

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L.VICTORIA GOWRI, J.

Mrn 22.02.2024 4/4