R.Sudaramurthy v. The Tamil Nadu State Transport Corporation (Kumbakonam) Ltd.,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 04.03.2024

CORAM

THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI R.Sundaramurthy ... Petitioner Vs.

1.The Tamil Nadu State Transport Corporation (Kumbakonam) Ltd., Represented by its Managing Director, Kumbakonam.

2.The General Manager, The Tamil Nadu State Transport Corporation (Kumbakonam) Ltd., Nagapattinam Region, Nagapattinam.

... 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 interest at the rate of 6% per annum for the belated payment of petitioner's terminal benefits including Provident Fund, Gratuity and Terminal 1/5

Leave Salary from the date of his retirement i.e., from 31.10.2022 to 31.05.2023, the date on which the said benefits were settled to him. For Petitioner : Mr.A.Rahul For Respondents : Mr.K.K.Jegadeesh Balan, 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 interest at the rate of 6% per annum for the belated payment of petitioner's terminal benefits including Provident Fund, Gratuity and Terminal Leave Salary from the date of his retirement i.e., from 31.10.2022 to 31.05.2023, the date on which the said benefits were settled to him.

3. The petitioner was appointed as Driver in the respondent corporation on 03.03.1998. He retired from service on 31.10.2022. 2/5

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.

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To 1.The Tamil Nadu State Transport Corporation (Kumbakonam) Ltd., Represented by its Managing Director, Kumbakonam.

2.The General Manager, The Tamil Nadu State Transport Corporation (Kumbakonam) Ltd., Nagapattinam Region, Nagapattinam.

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L.VICTORIA GOWRI, J.

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