N.Albert Rajaretnam v. The Managing Director

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 11.03.2025

CORAM

THE HONOURABLE MR.JUSTICE BATTU DEVANAND N.Albert Rajaretnam ... Petitioner Vs.

1.The Managing Director, Tamil Nadu State Transport Corporation (Tirunelveli) Limited, Tirunelveli - 627 011.

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

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondents to settle the interest for the belated payment of retirement benefits along with gratuity, provident fund and other retirement benefits payable to the petitioner with 18% rate of interest within the time frame that may be stipulated by this Court. For Petitioner : Mr.M.Dennis Joe For Respondent : Mr.D.Jebaraj Standing Counsel 1/4

O R D E R

This writ petition has been filed seeking a writ of Mandamus directing the respondents to settle the interest for the belated payment of retirement benefits along with gratuity, provident fund and other retirement benefits payable to the petitioner.

2. The petitioner was appointed as Conductor in the respondent Corporation on 01.01.1997 and he retired from service on 31.08.2019. 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.

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.

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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.

11.03.2025 NCC:yes/no Index:yes/no Internet:yes/no Sn To:

1.The Managing Director, Tamil Nadu State Transport Corporation (Tirunelveli) Limited, Tirunelveli - 627 011.

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

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BATTU DEVANAND , J.

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