R.Kanthan v. The Managing Director

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 03.03.2025

CORAM

THE HONOURABLE MR.JUSTICE BATTU DEVANAND R.Kanthan ... Petitioner Vs.

1.The Managing Director, Tamil Nadu State Transport Corporation (Mdu) Limited, Byepass Road, Madurai - 625 016.

2.The Administrator, Tamil Nadu State Transport Corporation Pension Trust, Thiruvalluvar Illam, Pallavan Salai, Chennai 600 002.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondents to pay interest at the rate of 6% per annum to the petitioner for the belated payment of gratuity, provident fund, leave salary and pension commutation from the date of retirement to the date of actual payment within a time frame as may be fixed by this Court.

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For Petitioner : M/s.D.Ramya For R1 : Mr.Gladson Michael Rajadurai For R2 : Mr.S.C.Herold Singh

O R D E R

This Writ Petition has been filed seeking a writ of mandamus directing the respondents to pay interest at the rate of 6% per annum to the petitioner for the belated payment of gratuity, provident fund, leave salary and pension commutation from the date of retirement to the date of actual payment.

2. The petitioner was appointed as Driver in the respondent Corporation on 04.06.1983 and he retired from service on 30.04.2023. 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 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.

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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 the date of actual disbursement, within a period of three months from the date of receipt of a copy of this order.

6. No costs.

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To:

1.The Managing Director, Tamil Nadu State Transport Corporation (Mdu) Limited, Byepass Road, Madurai - 625 016.

2.The Administrator, Tamil Nadu State Transport Corporation Pension Trust, Thiruvalluvar Illam, Pallavan Salai, Chennai 600 002.

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BATTU DEVANAND , J.

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