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Madras High CourtWP(MD)/4998/2024disposed of

K.Karuppiah v. The Tamil Nadu State Transport Corporation (Kumbakonam) Ltd.,

2024-03-04Honourable Mrs Justice L.Victoria Gowri5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 04.03.2024

CORAM

THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI M.Karuppiah ... Petitioner Vs 1.The Tamil Nadu State Transport Corporation(Kumbakonam) Ltd.,, Represented by its Managing Director, Kumbakonam.

2.The General Manager, Corporation (Kumbakonam) Ltd., Karaikudi Region, Karaikudi.

3.The Administrator, Corporation Employee's Pension Fund Trust, Thiruvalluvar Illam, Pallavan Salai, Chennai 02.

... 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, Commuted 1/5

value of pension and Leave Salary from the date of petitioner retirement i.e., from 30.06.2022 to 02.06.2023.

For Petitioner : Mr.A.Rahul For R1 & R2 : Mr.K.Jegadeesh Balan Standing Counsel For R3 : Mr.S.C.Herold Singh Standing Counsel

ORDER

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, Commuted value of pension and Leave Salary from the date of petitioner retirement i.e., from 30.06.2022 to 02.06.2023.

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 in the respondent corporation on 15.05.1995 and he retired from service as Special Grade Driver 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 respondent management to pay interest at the rate of 6% per annum for belated settlement of petitioner's terminal benefits. This shall be done within a period of twelve (12) weeks from the date of receipt of a copy of this order. No costs. 04.03.2024 NCC : Yes / No Index : Yes / No Internet : Yes/ No gbg To 1.The Managing Director, Corporation(Kumbakonam) Ltd.,, Kumbakonam.

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2.The General Manager, Corporation (Kumbakonam) Ltd., Karaikudi Region, Karaikudi.

3.The Administrator, Corporation Employee's Pension Fund Trust, Thiruvalluvar Illam, Pallavan Salai, Chennai 02.

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L.VICTORIA GOWRI, J.

gbg 04.03.2024 5/5