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Madras High CourtWP(MD)/5404/2023allowed

Gurusamy. V v. The Tamil Nadu State Transport

2023-03-13Honourable Mr Justice G.R.Swaminathan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 13.03.2023

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN V.Gurusamy ... 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.

3.The Administrator, Tamil Nadu State Transport Corporation Employees Pension Fund Trust, Thiruvalluvar House, Pallavansalai, Chennai - 2.

... 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, Commutated Value of 1/4

Pension and Terminal Leave Salary from the date of his retirement to till the date on which the said benefits were settled to him. 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 31.01.2021. His terminal and retirement benefits including Provident Fund and Gratuity were settled belatedly on different dates. It is well settled that for such belated settlement, the retired employee is entitled to interest. The respondent is directed to pay interest on the belated payment at the rate of 6% per annum. This 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.

3.The Administrator, Tamil Nadu State Transport Corporation Employees Pension Fund Trust, Thiruvalluvar House, Pallavansalai, Chennai - 2.

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G.R.SWAMINATHAN, J.

MGA 13.03.2023 4/4