J.Justinalbert v. The Tamil Nadu State Transport Corporation (Kumbakonam) Ltd.,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 23.04.2024

CORAM

THE HONOURABLE MS.JUSTICE R.N.MANJULA A.Justinalbert ... 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.., Pudukottai Region, Pudukottai.

3.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 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, Social Security Scheme and Commuted Value of Pension from the date of the petitioner's retirement i.e., from 28.02.2021 to 05.12.2022, the date on which the said benefits were settled to him.

1/5

For Petitioner : Mr.A.Rahul For R1 & R2 : Mr.K.Ramaiah Standing Counsel For R3 : Mr.S.C.Herold Singh

O R D E R

The petitioner, who was retired from service on 28.02.2021 has filed this Writ Petition for issuance of Writ of Mandamus seeking direction against the respondents to pay interest for the delayed payment of his terminal benefits.

2. Heard Mr.Mr.A.Rahul, learned counsel for the petitioner and Mr.K.Ramaiah, learned Standing counsel for the 1st and 2nd respondents and Mr.S.C.Herold Singh, learned counsel for the 3rd respondent.

3. By consent of both parties, this Writ Petition is taken up for final disposal at the stage of admission itself. 2/5

4. As per the submission of the learned counsel for the petitioner, the petitioner's terminal benefits have been settled only on 05.12.2022 i.e., after a delay of one year ten months.

5. Since the petitioner is no way responsible for the delay caused in disbursing the said benefits, the respondent Corporation shall pay the interest to the petitioner for the period of delay from 28.02.2021 to 05.12.2022 at the rate of 6% per annum and disburse the same within a period of six weeks from the date of receipt of a copy of this order.

6. With the above directions, this Writ Petition is disposed of. No costs.

23.04.2024 NCC:yes/no Index:yes/no Internet:yes/no Nsr 3/5

To:

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

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

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

4/5

R.N.MANJULA, J.

Nsr 23.04.2024 5/5