Elangovan.K v. The Managing Director,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 26.03.2024

CORAM

THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI K.Elangovan ... Petitioner Vs.

1.The Managing Director, Tamil Nadu State Transport Corporation (KMB) Ltd., 27, New Railway Station Road, Kumbakonam-612 001.

2.The General Manager, Tamil Nadu State Transport Corporation (KMB) Ltd., Nagapattinam Region, Nagapattinam.

3.The Administrator, Tamil Nadu State Transport Employees' Pension Fund Trust, Thiruvalluvar Illam, Anna 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 1/5

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 R-1 & R-2 : Mr.K.Ramaiah, Standing Counsel For R-3 : Mr.S.C.Herold Singh, Standing Counsel

ORDER

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

2. 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.

3. The petitioner was appointed as Junior Tradesman in the respondent corporation on 12.08.1986. After completing 35 years of service, he voluntarily retired from service on 31.08.2021.

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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.

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.

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To 1.The Managing Director, Tamil Nadu State Transport Corporation (KMB) Ltd., 27, New Railway Station Road, Kumbakonam-612 001.

2.The General Manager, Tamil Nadu State Transport Corporation (KMB) Ltd., Nagapattinam Region, Nagapattinam.

3.The Administrator, Tamil Nadu State Transport Employees' Pension Fund Trust, Thiruvalluvar Illam, Anna Salai, Chennai-2.

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L.VICTORIA GOWRI, J.

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