Sekar. Ak v. The Tamil Nadu State Transport Corporation (Kumbakonam) Limited

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 29.03.2023

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN A.K.Sekar ... Petitioner Vs.

1.The Tamil Nadu State Transport Corporation (Kumbakonam) Ltd., Represented by its Managing Director, Kumbakonam.

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

2.The Administrator, Tamil Nadu State Transport Employees Pension Fund Trust, Thiruvalluvar Illam, Pallavan Salai, Chennai-02.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, to direct the respondents to settle him interest at the rate of 6% per annum for the belated payment of the petitioner's terminal benefits including Provident Fund, Gratuity, Commutation 1/4

and Terminal Leave Salary payable from the date of his retirement to till the date on which the said benefits were settled to him. For Petitioner : Mr.A.Rahul For Respondents : Mr.K.Jagadeesbalan Standing Counsel for R1 : Mr.S.C.Herold Singh Standing Counsel for R2

ORDER

Heard the learned counsel on either side.

2.The writ petitioner joined the respondent corporation as Driver in the year 1989. He retired from service on 31.03.2020. However, his terminal benefits were settled only on 02.06.2021.

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.

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4.This writ petition is allowed accordingly. No costs. 29.03.2023 Index : Yes / No Internet : Yes/ No rmi 3/4

G.R.SWAMINATHAN, J.

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