Madras High CourtWP(MD)/4447/2025allowed

J.Krishnaraju v. The Managing Director

2025-02-19Honourable Mr. Justice Battu Devanand5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 19.02.2025

CORAM

THE HONOURABLE MR.JUSTICE BATTU DEVANAND J.Krishnaraju ... Petitioner Vs.

1. The Managing Director, Tamil Nadu State Transport Corporation(Kovai) Ltd., No.37, Mettupalayam Road, Coimbatore -641 043.

2.The General Manager, Tamil Nadu State Transport Corporation (Kovai) Ltd., Coimbatore Region, Mettupalayam Road, Coimbatore - 43 ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus directing the respondents to settle the interest at the rate of 6 percentage per annum for the belated payment of petitioners terminal benefits including Gratuity, Provident Fund, Earn Leave Salary Old Earn Leave Salary and RBSR full amount from the date of the petitioner's retirement to till the date on which the said benefits were settled to him within the time frame fixed by this Honourable court. 1/5

For Petitioner : Mr.S.Prasanth For Respondents : Mr.K.Ramaiah Standing Counsel

O R D E R

This Writ Petition has been filed seeking a writ of mandamus directing the respondents to settle the interest at the rate of 6% per annum for the belated payment of petitioner's terminal benefits including Gratuity, Provident Fund, Earn Leave Salary Old Earn Leave Salary and RBSR full amount from the date of the petitioner's retirement till the date on which the said benefits were settled to him within a time frame to be fixed by this Court.

2. The petitioner was appointed as Conductor in the respondent Corporation on 15.05.1992 and he retired from service on 30.06.2022. The learned counsel for the petitioner submits that the petitioner's terminal benefits was not settled immediately and there is an abnormal delay.

3. In view of the same, the only issue to be considered in this Writ Petition is with regard to interest payable on the belated settlement. This issue 2/5

was dealt with by this Court on various occasions and this Court passed orders in several Writ Petitions. In fact, the issue involved in this writ petition is no longer res-integra.

4. This Court in W.P(MD)No.4866 of 2023 (C.MuruganVs. the Tamil Nadu State Transport Corporation (Tirunelveli) Ltd., and Another) by order dated 07.03.2023 has decided this issue.

5. Accordingly, by following the order stated supra, this Writ Petition is allowed with the following direction:

The respondents shall pay interest to the petitioner at the rate of 6% per annum on the belated payment of the retirement benefits commencing from the date of retirement, till date of actual disbursement, within a period of three months from the date of receipt of a copy of this order.

There shall be no order as to costs.

19.02.2025 NCC:yes/no Index:yes/no Internet:yes/no CM 3/5

To:

1. The Managing Director, Tamil Nadu State Transport Corporation(Kovai) Ltd., No.37, Mettupalayam Road, Coimbatore -641 043.

2.The General Manager, Tamil Nadu State Transport Corporation (Kovai) Ltd., Coimbatore Region, Mettupalayam Road, Coimbatore - 43 4/5

BATTU DEVANAND , J.

CM 19.02.2025 5/5