Madras High CourtWP(MD)/4928/2024disposed of

S.Michael v. The Managing Director

2024-03-01Honourable Mrs Justice L.Victoria Gowri4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 01.03.2024

CORAM

THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI S.Michael ... Petitioner Vs.

The Managing Director, Tamil Nadu State Transport Corporation (Kumbakonam) Limited, No.27, New Railway Station Road, Kumbakonam, Thanjavur District-612 001.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondent to pay interest at the rate of 18% per annum for the belated payment of Gratuity, Provident fund and Leave salary from the date of his retirement to the date of actual payment.

For Petitioner : Mr.Prabhakaran, For Mr.P.Manoharan For Respondent : Mr.K.Jegadeesh Balan, Standing Counsel 1/4

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 respondent to pay interest at the rate of 18% per annum for the belated payment of Gratuity, Provident fund and Leave salary from the date of his retirement to the date of actual payment.

3. The petitioner worked as a Senior Superintendent in the respondent's transport Corporation. He retired from service on 30.06.2022.

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 respondent 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.

01.03.2024 NCC : Yes / No Index : Yes / No Internet : Yes Sml To The Managing Director, Tamil Nadu State Transport Corporation (Kumbakonam) Limited, No.27, New Railway Station Road, Kumbakonam, Thanjavur District-612 001.

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L.VICTORIA GOWRI, J.

Sml 01.03.2024 4/4