Madras High CourtWP(MD)/5767/2023allowed

Kumarasamy .C v. The Managing Director

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 C.Kumarasamy ... Petitioner Vs 1.The Managing Director, Tamilnadu State Transport Corporation (Madurai) Limited, Byepass Road, Madurai.

2.The Administrator, Tamilnadu State Transport Corporation 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 6 percent interest on the delayed payment of retirement benefits paid to the petitioner, from the date of his retirement ie., 31.08.2020 to actual payment made on 01.12.2022, in view of this Court orders and the petitioner's representation dated 14.12.2022.

1/4

For Petitioner : Mr.S.P.Vijay Nivas For Respondents : Mr.Sivabalaji 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 in the year 1983. He voluntarily retired on 31.08.2020. However, his terminal benefits were settled only on December 2022. 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. 16.03.2023 Index : Yes / No Internet : Yes / No NCC : Yes / No MGA 2/4

To 1.The Managing Director, Tamilnadu State Transport Corporation (Madurai) Limited, Byepass Road, Madurai.

2.The Administrator, Tamilnadu State Transport Corporation Pension Fund Trust, Thiruvalluvar Illam, Pallavan Salai, Chennai - 02.

3/4

G.R.SWAMINATHAN, J.

MGA 16.03.2023 4/4