D.Balasubramanian v. The Managing Director

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 13.03.2025

CORAM

THE HONOURABLE MR.JUSTICE BATTU DEVANAND D.Balasubramanian ... Petitioner Vs.

1.The Managing Director, TamilNadu State Transport Corpn., (KMB) Ltd., New Railway Station Road, Kumbakonam-612 001.

2. The General Manager, TamilNadu State Transport Corpn., (KMB) Ltd., Pudukottai Region, Thirumayam Road, Pillai Thanneer Panthal, Pudukottai.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondents to disburse interest at the rate of 6% for the belated payment of retirement benefits Gratuity, Provident Fund, Leave Salary and Commutation.

For Petitioner : Mr.K.Gokul For Respondents : Mr.K.Jagadeesh Balan Standing Counsel 1/4

O R D E R

This Writ Petition has been filed seeking a Writ of Mandamus, directing the respondents to pay the 6% interest for the belated payment of the petitioner retirement benefits i.e., Provident Fund, Gratuity, E.L and M.L Salary, Surrender Leave Salary and all other retirement benefits from the date of retirement to the actual date of payment of retirement benefits to the petitioner.

2. The petitioner was appointed as a Driver in the respondent Corporation and he retired from service on 30.04.2023. 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.

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4. This Court in W.P(MD)No.4866 of 2023 (C.MuruganVs. the Tamil Nadu State Transport Corporation (Tirunelveli) Ltd., and Another) by an order dated 07.03.2023 has decided this issue.

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.

13.03.2025 NCC:yes/no Index:yes/no Internet:yes/no gvn 3/4

BATTU DEVANAND , J.

gvn To:

1.The Managing Director, TamilNadu State Transport Corpn., (KMB) Ltd., New Railway Station Road, Kumbakonam-612 001.

2. The General Manager, TamilNadu State Transport Corpn., (KMB) Ltd., Pudukottai Region, Thirumayam Road, Pillai Thanneer Panthal, Pudukottai.

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