Muthukrishnan v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 09.07.2024

CORAM

THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI and W.M.P.(MD)No.8191 of 2021 Muthukrishnan ... Petitioner Vs.

1.The State of Tamil Nadu, Rep., by its Secretary to Government, Secretariat, Chennai.

2.The Administator, Employees' Pension Fund, Pallavan Salai, Chennai-2.

3.The General Manager, Marudhupathy, Karaikudi, Sivagangai District.

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4.The Managing Director, Tamil Nadu State Transport Corporation Limited, 27, Railway Station New Road, Kumbakonam, Thanjavur District.

5.The General Manager, Pudukkottai Division, 41/1, Pillai Thanneerpandal, Thirumayam Road, Pudukkottai.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondents to pay interest at the rate 18% per annum for the belated settlement of the retirement benefits to the petitioner payable from the date of his retirement i.e., from 30.04.2008 to till the date of actual payment to the petitioner and by considering the petitioner's representation dated 21.11.2019 within the period that may stipulated by this Court.

For Petitioner : Mr.C.Venkatesh Kumar For R-1 : Mr.C.Satheesh, Government Advocate For R-2 to R-5 : Mr.S.C.Herold Singh, Standing Counsel 2/6

ORDER

The present writ petition has been filed seeking direction to the respondents to pay interest at the rate 18% per annum for the belated settlement of the retirement benefits to the petitioner payable from the date of his retirement i.e., from 30.04.2008 to till the date of actual payment to the petitioner and by considering the petitioner's representation dated 21.11.2019 within the period that may stipulated by this Court.

2. Heard the learned counsels on either side.

3. The petitioner was appointed as Driver in the respondent corporation on 01.10.1979. After attaining the age of superannuation, he retired from service on 30.04.2008.

4. It is admitted that his terminal benefits were not settled immediately but only belatedly. The only question that arises for consideration is as regards the rate of interest payable on the belated settlement. 3/6

5. The issue raised in this writ petition was already decided by this Court vide order, dated 07.03.2023 in W.P(MD)No.4866 of 2023 (C.Murugan Vs. The Tamil Nadu State Transport Corporation (Tirunelveli) Ltd., & Another).

6. In view of the above, this Writ Petition is disposed of by directing the respondent management to pay interest at the rate of 6% per annum for belated settlement of terminal benefits of the deceased husband of the petitioner. This shall be done within a period of twelve (12) weeks from the date of receipt of a copy of this order. No costs. Consequently, connected miscellaneous petition is closed.

09.07.2024 NCC : Yes / No Index : Yes / No Internet : Yes Sml To 1.The State of Tamil Nadu, Rep., by its Secretary to Government, Secretariat, Chennai.

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2.The Administator, Employees' Pension Fund, Pallavan Salai, Chennai-2.

3.The General Manager, Marudhupathy, Karaikudi, Sivagangai District.

4.The Managing Director, Tamil Nadu State Transport Corporation Limited, 27, Railway Station New Road, Kumbakonam, Thanjavur District.

5.The General Manager, Pudukkottai Division, 41/1, Pillai Thanneerpandal, Thirumayam Road, Pudukkottai.

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L.VICTORIA GOWRI, J.

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