K.Kumar v. The Managing Director
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.03.2025
CORAM
THE HONOURABLE MR.JUSTICE BATTU DEVANAND K.Kumar ... Petitioner Vs.
1.The Managing Director, Tamilnadu State Transport Corporation (KMB) Limited, New Railway Station Road, Kumbakonam - 612001.
2.The General Manager, Tamilnadu State Transport Corporation (KMB) Limited, Kumbakonam Region, New Railway Station Road, Kumbakonam - 612001.
3.The Administrator, Tamilnadu State 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 for issuance of Writ of Mandamus, directing the respondents to disburse interest at the rate of 6% for the belated payment of retirement benefits, namely, gratuity, provident fund, leave salary and commutation. 1/5
For Petitioner : Mr.K.Gokul For R1 & R2 : Mr.K.Ramaiah Standing Counsel For R3 : Mr.S.C.Herold Singh Standing Counsel
O R D E R
This Writ Petition has been filed seeking a writ of mandamus directing the respondents to disburse interest at the rate of 6% for the belated payment of retirement benefits, namely gratuity, provident fund, leave salary and commutation.
2. The petitioner was appointed as Sweeper in the respondent Corporation on 04.04.1998 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 2/5
in several Writ Petitions. In fact, the issue involved in this writ petition is no longer res-integra.
4. This Court in W.P(MD)No.4866 of 2023 (C.MuruganVs. the Tamil Nadu State Transport Corporation (Tirunelveli) Ltd., and Another) by 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.
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To:
1.The Managing Director, Tamilnadu State Transport Corporation (KMB) Limited, New Railway Station Road, Kumbakonam - 612001.
2.The General Manager, Tamilnadu State Transport Corporation (KMB) Limited, Kumbakonam Region, New Railway Station Road, Kumbakonam - 612001.
3.The Administrator, Tamilnadu State Transport Corporation Employees Pensions Fund Trust, Thiruvalluvar Illam, Pallavan Salai, Chennai 2.
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BATTU DEVANAND , J.
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