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Madras High CourtWP(MD)/5734/2023allowed

Srinivasan .P v. The Management Of

2023-03-16Honourable Mr Justice G.R.Swaminathan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 16.03.2023

CORAM

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

2.The Administrator, Tamilnadu State Transport Employees'

Pension Fund Trust, Thiruvalluvar Illam, 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 for the delayed payment of his terminal and pension benefits at the rate of 18 percentage per annum, for the period of delay from 01.04.2020 to 01.06.2021 in paying the amounts paid towards his terminal and pension benefits namely EPF Employees Contribution, Gratuity, Encashment of Earned / Sick Leaves and Commutated Value of Pension, within a time frame as 1/4

may be fixed by this Court and without affecting his right to claim balance amounts towards those benefits.

For Petitioner : Mr.S.Arunachalam For Respondents : Mr.K.Jagadees Balan 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 Conductor. He retired on 31.03.2020. However, his terminal benefits were settled only on 02.06.2021. 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.

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3. This writ petition is allowed. There shall be no order as to costs. 16.03.2023 Index : Yes / No Internet : Yes / No NCC : Yes / No MGA To 1.The Managing Director, Management of Tamilnadu State Transport Corporation (Kumbakonam) Limited, Karur Region, Karur.

2.The Administrator, Tamilnadu State Transport Employees'

Pension Fund Trust, Thiruvalluvar Illam, Chennai - 02.

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G.R.SWAMINATHAN, J.

MGA 16.03.2023 4/4