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Madras High CourtWP(MD)/9117/2023allowed

Marimuthu.K v. The Managing Director

2023-04-20Honourable Mr Justice G.R.Swaminathan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 20.04.2023

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN K.Marimuthu ... Petitioner Vs 1.The Managing Director, State Express Transport Corporation, Pallavan Salai, Chennai - 2.

2.The General Manager, State Express Transport Corporation, Pallavan Salai, Chennai - 2.

3.The Administrator, State Express Transport Corporation Employees Pensions Fund Trust, Thiruvalluvar Illam, Pallavan Salai, Chennai - 2.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, direct the respondents to disburse interest at the rate of 6 percentage for the belated payment of retirement benefits Gratuity, Provident Fund, Leave Salary and Commutation. 1/4

For Petitioner : Mr.K.Gokul For Respondents : Mr.Senthilkumar Standing Counsel for R.1 & R.2 Mr.S.C.Herold Singh Standing Counsel for R.3

ORDER

Heard the learned counsel on either side.

2. The writ petitioner joined the respondent Corporation as Junior Assistant. He retired on 31.03.2022. However, his terminal benefits were settled only on 28.03.2023. It is well settled that for such belated settlement, the retired employee is entitled to interest. I therefore direct the respondent Corporation to pay 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.

3. This writ petition is allowed. There shall be no order as to costs. 20.04.2023 Index : Yes / No Internet : Yes / No NCC : Yes / No MGA 2/4

To 1.The Managing Director, State Express Transport Corporation, Pallavan Salai, Chennai - 2.

2.The General Manager, State Express Transport Corporation, Pallavan Salai, Chennai - 2.

3.The Administrator, State Express Transport Corporation Employees Pensions Fund Trust, Thiruvalluvar Illam, Pallavan Salai, Chennai - 2.

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G.R.SWAMINATHAN, J.

MGA 20.04.2023 4/4