S.Palanisamy v. The Managing Director

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 19.03.2024

CORAM

THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI S.Palanisamy ... Petitioner Vs The Managing Director, Tamil Nadu State Transport Corporation (Madurai) Limited, Bye-Pass Road, Madurai.

... Respondent Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, direct the respondent to pay, petitioner's terminal benefit towards interest for Provident Fund, Gratuity and Eligible leave salary, which is delay payment in terminal benefit made by the respondent on the basis of the petitioner's representation, dated 07.12.2023 within the stipulated time fixed by this Court. For Petitioner : Mr. A.Mu.Sharavanan For Respondent : Mr.K.Ramaiah Standing Counsel 1/4

ORDER

The present writ petition has been filed seeking a direction to the respondent to pay, petitioner's terminal benefit towards interest for Provident Fund, Gratuity and Eligible leave salary, which is delay payment in terminal benefit made by the respondent on the basis of the petitioner's representation, dated 07.12.2023 within the stipulated time fixed by this Court.

2. By consent of both parties, this Writ Petition is taken up for final disposal at the stage of admission itself.

3. The petitioner was employed as Conductor by the respondent Corporation and retired from service on attaining the age of superannuation 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 stands disposed of by directing the respondent Corporation to pay interest at the rate of 6% per annum for belated settlement of petitioner's retirement benefits from the date of his retirement to till the date of payment. This shall be done within a period of twelve (12) weeks from the date of receipt of a copy of this order. There shall be no order as to costs.

19.03.2024 NCC : Yes / No Index : Yes / No Internet : Yes PNM To The Managing Director, Tamil Nadu State Transport Corporation (Madurai) Limited, Bye-Pass Road, Madurai.

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L.VICTORIA GOWRI, J.

PNM ORDER IN 19.03.2024 4/4