Thomas.G v. The Managing Director

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 27.03.2024

CORAM

THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI G.Thomas ... Petitioner Vs.

1.The Managing Director, State Express Transport Corporation, Pallavan Salai, Chennai - 2.

2.The General Manager, State Express Transport Corporation, Pallavan Salai, Chennai - 2.

3.The Administrator, State Express Transport Corporation, Employees' Pensions Fund Trust, Thiruvalluvar Illam, Pallavan Salai, Chennai - 2.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a 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. 1/4

For Petitioner : Mr.K.Gokul For R-1 & 2 : Mr.K.Senthil Kumar Standing Counsel For R-3 : Mr.S.C.Herold Singh, Standing Counsel

ORDER

The present writ petition has been filed seeking direction to the respondents to disburse interest at the rate of 6% for the belated payment of retirement benefits Gratuity, Provident Fund, Leave Salary and Commutation.

2. By consent of both parties, this Writ Petition is taken up for final disposal at the stage of admission itself.

3. The petitioner was appointed as Driver in the respondent corporation in the year 1991. After completing 30 years of service, he voluntarily retired from service on 31.01.2021.

4. It is admitted that his terminal benefits were not settled immediately but only belatedly. The only question that arises for consideration is as regards the rate of interest payable on the belated settlement. 2/4

5. The issue raised in this writ petition was already decided by this Court vide order, dated 07.03.2023 in W.P(MD)No.4866 of 2023 (C.Murugan Vs. The Tamil Nadu State Transport Corporation (Tirunelveli) Ltd., & Another).

6. In view of the above, this Writ Petition is disposed of by directing the respondents management to pay interest at the rate of 6% per annum for belated settlement of terminal benefits of the petitioner. The said exercise shall be done within a period of twelve (12) weeks from the date of receipt of a copy of this order. No costs.

27.03.2024 NCC : Yes / No Index : Yes / No Internet : Yes Mrn To 1.The Managing Director, State Express Transport Corporation, Pallavan Salai, Chennai - 2.

2.The General Manager, State Express Transport Corporation, Pallavan Salai, Chennai - 2.

3.The Administrator, State Express Transport Corporation, Employees' Pensions Fund Trust, Thiruvalluvar Illam, Pallavan Salai, Chennai - 2.

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L.VICTORIA GOWRI, J.

Mrn 27.03.2024 4/4