Sujakumari.S v. Tamil Nadu State Transport Corporation Ltd.

W.P.(MD) No.7727 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.04.2022

CORAM:

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM W.P.(MD) No.7727 of 2022 S.Sujakumari ... Petitioner vs.

1. Tamil Nadu State Transport Corporation Ltd., Rep.by its Managing Director Thirunelveli Division, K.T.C.Nagar, Thirunelveli-627 011.

2. The General Manager, Tamil Nadu State Transport Corporation Ltd., Nagercoil Region, Rani Thottam, Nagercoil, Kanyakumari District-629 001.

... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India for issuance of writ of mandamus, directing the respondents to pay 6% interest for the belated payment of Terminal Benefits of P.F., Gratuity and Leave Salary, payable to the petitioner from the date of his retirement ie., 30.04.2018 to till the date of actual payment made to the petitioner ie., 24.09.2019 and all other attendant benefits to the petitioner within the stipulated period.

For Petitioner :

Mr.A.K.Thangavelu For Respondents :

Mr.R.Rajamohan, Standing Counsel.

ORDER

The relief sought for in this writ petition is to settle interest for the belated payment of terminal benefits to the petitioner.

2.The petitioner was employed as Tradesman (Special) Level-5 in the respondent - Transport Corporation and retired from service on attaining the age of superannuation on 30.04.2018. There was a delay in settling the terminal benefits to the petitioner. As per the Rules, the petitioner is eligible to get interest for the belated settlement of terminal benefits. However, the respondents have not paid interest as admissible for the belated settlement of terminal benefits and the representations submitted by the petitioner on 21.03.2022 and 05.04.2022 in this regard have not https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD) No.7727 of 2022 been considered by the respondents till date. Therefore, the petitioner has filed this writ petition.

3. This Court is of the considered opinion that the employees are eligible for interest for the belated settlement of terminal benefits as per the Rules. Therefore, the respondents are bound to settle the same in accordance with the Rules.

4. In such view of the matter, the respondents are directed to settle admissible interest for the belated settlement of terminal benefits to the petitioner, within a period of twelve weeks from the date of receipt of a copy of this order.

5. Accordingly, the writ petition is allowed. No costs. Sd/- Assistant Registrar (CS-II) // True Copy // / /2022 Sub Assistant Registrar(CS) Ns TO

1. The Managing Director, Tamil Nadu State Transport Corporation Ltd., Thirunelveli Division, K.T.C.Nagar, Thirunelveli-627 011.

2. The General Manager, Tamil Nadu State Transport Corporation Ltd., Nagercoil Region, Rani Thottam, Nagercoil, Kanyakumari District-629 001.

+1 CC to M/s.A.K.THANGAVELU, Advocate (SR-20342[F] dated 22/04/2022) +1 CC to M/s.R. RAJAMOHAN, Advocate (SR-20704[F] dated 22/04/2022) W.P.(MD) No.7727 of 2022 22.04.2022 USK/01.06.2022/2P/5C https://hcservices.ecourts.gov.in/hcservices/ 2/2