R.Sankara Narayanan v. The Tamil Nadu State Transport

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 13.03.2023

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN R.Sankara Narayanan ... Petitioner Vs 1.The Tamil Nadu State Transport Corporation (Tirunelveli) Limited, Represented by its Managing Director, Tirunelveli.

2.The General Manager, Tamil Nadu State Transport Corporation (Tirunelveli) Limited, Tirunelveli Region, Tirunelveli.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents to settle interest at the rate of 6 percentage per annum for the belated payment of petitioner's terminal benefits including Provident Fund, Gratuity, Terminal Leave Salary and Surrender Leave Salary from the date of his retirement to till the date on which the said benefits were settled to him.

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For Petitioner : Mr.A.Rahul For Respondents : Mr.D.Jebaraj Standing Counsel

ORDER

Heard the learned counsel on either side.

2.The writ petitioner joined the respondent Corporation as Driver. He retired on 30.09.2020. However, his terminal benefits were settled only on 01.12.2022. 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.

3.This writ petition is allowed. There shall be no order as to costs. 13.03.2023 Index : Yes / No Internet : Yes / No NCC : Yes / No MGA 2/4

To 1.The Managing Director, Tamil Nadu State Transport Corporation (Tirunelveli) Limited, Tirunelveli.

2.The General Manager, Tamil Nadu State Transport Corporation (Tirunelveli) Limited, Tirunelveli Region, Tirunelveli.

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G.R.SWAMINATHAN, J.

MGA 13.03.2023 4/4