Kannan G v. The Tamil Nadu State Transport Corporation (Kumbakonam) Limited

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 07.04.2025

CORAM

THE HONOURABLE MR.JUSTICE BATTU DEVANAND G. Kannan ... Petitioner Vs.

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

2. The Ganeral Manager, The Tamil Nadu State Transport Corporation (Kumbakonam) Ltd., Pudukottai Region, Pudukottai.

3. The Administrator, Tamil Nadu State Transport Corporation Employees pension Fund Trust, Tiruvalluvar Salai, Pallavan Salai, Chennai - 02. ........ Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondents to settle interest at the rate of 6 % per annum for the belated payment of petitioner's terminal benefits including provident Fund, Gratuity Terminal Leave Salary and Commuted value 1/6

of Pension from the date of my retirement I.e., from 31.05.2023 to 10.03.2025, the due on which the said benefits were settled to him. For Petitioner : Mr.A. Rahul For R1 & R2 : Mr.K. Jagadeesh Balan 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 settle interest at the rate of 6 % per annum for the belated payment of petitioner's terminal benefits including provident Fund, Gratuity Terminal Leave Salary and Commuted value of Pension from the date of my retirement I.e., from 31.05.2023 to 10.03.2025, the due on which the said benefits were settled to him.

2. The petitioner was appointed as Driver in the respondent Corporation on 01.02.1997 and he retired from service on 31.05.2023. The learned counsel for the petitioner submits that the petitioner's terminal benefits was not settled immediately and there is an abnormal delay.

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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 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 respondent 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 date of actual disbursement, within a period of three months from the date of receipt of a copy of this order.

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There shall be no order as to costs.

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To:

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

2. The Ganeral Manager, The Tamil Nadu State Transport Corporation (Kumbakonam) Ltd., Pudukottai Region, Pudukottai.

3. The Adminsitrator, Tamil Nadu State Transport Corporation Employees pension Fund Trust, Tiruvalluvar Salai, Pallavan Salai, Chennai - 02.

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BATTU DEVANAND , J.

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