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Madras High CourtWP(MD)/6231/2023allowed

Sundaravadivelu .P v. The Management Of

2023-03-23Honourable Mr Justice G.R.Swaminathan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 23.03.2023

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN P.Sundaravadivelu ... Petitioner Vs 1.The Management of Tamilnadu State Transport Corporation (Madurai) Limited, Madurai Region, Represented by its Managing Director, Madurai.

2.The Administrator, Tamil Nadu State Transport Employees'

Pension Fund Trust, Thiruvalluvar Illam, Pallavan Salai, Chennai - 02.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents to pay the petitioner interest at the rate of 6 percentage per annum for the period of delay from 01.08.2018 to 21.09.2019 in paying the amounts paid towards the terminal benefits of the petitioner namely EPF Employee's Contribution, Gratuity and commutated value of pension, within a time frame fixed by this Court. 1/4

For Petitioner : Mr.S.Arunachalam For Respondents : Mr.K.Ramesh Standing Counsel for R.1 Mr.S.C.Herold Singh Standing Counsel for R.2

ORDER

Heard the learned counsel on either side.

2. The writ petitioner joined the respondent Corporation as Driver. He retired on 30.07.2018. However, his terminal benefits were settled only on 22.09.2019. 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. 23.03.2023 Index : Yes / No Internet : Yes / No NCC : Yes / No MGA 2/4

To 1.The Managing Director, Management of Tamilnadu State Transport Corporation (Madurai) Limited, Madurai Region, Madurai.

2.The Administrator, Tamil Nadu State Transport Employees'

Pension Fund Trust, Thiruvalluvar Illam, Pallavan Salai, Chennai - 02.

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G.R.SWAMINATHAN, J.

MGA 23.03.2023 4/4