Madras High CourtWP(MD)/4873/2023allowed

Rajkumar R (Edp No. 4386) v. The Tamil Nadu State Transport Corporation (Tirunelveli) Ltd.

2023-03-07Honourable Mr Justice G.R.Swaminathan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 07.03.2023

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN R.Rajkumar ... Petitioner Vs.

1.The Tamil Nadu State Transport Corporation (Tirunelveli) Ltd., Tirunelveli Division, Rep. By its Managing Director, Kattapomman Nagar, V.M.Chathiram, Tirunelveli.

2.The Tamil Nadu State Transport Corporation (Tirunelveli) Ltd., Nagercoil Region, Rep. By its General Manager, Ranithottam, Nagercoil. ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, to direct the respondents to pay interest at the rate of 12% per annum, for the period of delay from the petitioner's date of retirement (30.06.2019) to till the date of reimbursement (27.01.2021) of amount paid towards the petitioner's terminal and pension benefits namely EPF Employee's Contribution, Gratuity and Encashment of Earned/sick leave within a time frame as may be fixed by this Court without affecting the petitioner's right to claim balance amount towards those benefits. 1/3

For Petitioner : Mr.R.Murugan For Respondents : Mr.D.Jebaraj Standing Counsel

ORDER

Heard the learned counsel on either side.

2.The writ petitioner joined the respondent corporation as Conductor in the year 1987. He retired from service on 30.06.2019. However, his terminal benefits were settled only on 27.01.2021.

3.It is well settled that for such belated settlement, the retired employee is entitled to interest. I, therefore, direct the respondent Corporation to pay the interest to the writ petitioner computed at the rate of 6% per annum on the belated disbursement from the date of retirement till date of settlement. The interest amount shall be paid within a period of twelve weeks from the date of receipt of a copy of this order.

4.This writ petition is allowed accordingly. No costs. 07.03.2023 Index : Yes / No Internet : Yes/ No rmi 2/3

G.R.SWAMINATHAN, J.

rmi 07.03.2023 3/3