Shahul Hameed.N v. The Management Of

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 17.04.2023

CORAM

THE HONOURABLE MRS.JUSTICE S.SRIMATHY W.P.(MD)No. 8561 of 2023 N.Shahul Hameed ...

Petitioner Vs.

The management of Tamil Nadu State Transport Corporation (Madurai) Limited, Dindigul Region.

represented by its General Manager, Dindigul.

...

Respondent PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondent to pay the petitioner interest for at the rate of 18% per annum, for the period of delay from 01.10.2020 to 01.12.2022, in paying the amount paid towards the terminal benefits, namely; EPF Employee's Contribution, Gratuity and Encashment of leave, within a time frame as may be fixed by this Court and without affecting his right to claim balance amounts towards those bnefits.

For Petitioner : No appearance For Respondent : Mr.S.Raja, Standing Counsel

ORDER

By consent of both parties, this writ petition is taken up for final disposal at the stage of admission itself. 1/4

2. This writ petition is filed for Writ of Mandamus to pay interest for the belated disbursement of terminal benefits with interest.

3. The petitioner was serving as Driver, subsequently promoted as Selection Grade Driver and completed 21 years of service and has opted for Voluntary Retirement and the same was considered and the petitioner was granted promotion and he retired from service on 30.09.2020, however, the respondents have disbursed the amount only on 01.12.2022. Therefore, the petitioner is seeking interest for the delayed period payment. Since it is a case of voluntary retirement the respondents would not pay for the entire period and not in a position to take the case and disburse the amount immediately.

4. Therefore, this Court restricting the period from 30.09.2021 to 01.12.2022 and hence, for this delay period as stated supra the respondents shall pay 6% interest. The said exercise shall be completed within a period of 12 weeks from the date of receipt of a copy of the order.

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5. With the above directions, this Writ Petition is allowed. No Costs.

Index : Yes / No 17.04.2023 Internet : Yes ksa 3/4

S.SRIMATHY, J ksa Order made in W.P.(MD)No.8561 of 2023 17.04.2023 4/4