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Madras High CourtWP(MD)/5934/2023allowed

Ayyavoo .A v. The Management Of

2023-03-17Honourable Mr Justice G.R.Swaminathan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 17.03.2023

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN A.Ayyavoo ... Petitioner Vs.

The Management of Tamilnadu State Transport Corporation (Kumbakonam) Ltd., Madurai Region, Rep. by Managing Director, Madurai.

... Respondent Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondent to pay the petitioner interest at the rate of 6 percent per annum, for the period of delay from 01.06.2018 to 21.09.2019, in paying the amounts paid towards the terminal benefits namely EPF Employee's Contribution, Gratuity and Encashment of Earned Leaves within a time frame as may be fixed by this Court and without affecting his right to claim balance amounts towards those benefits.

For Petitioner : Mr.S.Arunachalam For Respondent : Mr.S.C.Herold Singh, Standing Counsel.

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ORDER

Heard the learned counsel on either side.

2.The writ petitioner joined the respondent corporation as Driver in the year 1986. He retired from service on 31.05.2018. However, his terminal benefits were settled only on 21.09.2019.

3.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.

4.This writ petition is allowed accordingly. No costs. 17.03.2023 NCC : Yes/No Index : Yes / No Internet : Yes/ No ias 2/4

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G.R.SWAMINATHAN, J.

ias 17.03.2023 4/4