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Madras High CourtWP(MD)/9844/2023allowed

Balu.K v. The Managing Director

2023-04-25Honourable Mr Justice G.R.Swaminathan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 25.04.2023

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN K.Balu ... Petitioner Vs 1.The Managing Director, Tamil Nadu State Transport Corporation (Tirunelveli) Ltd., Tirunelveli, Tirunelveli District.

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

3.The Administrator, Tamil Nadu State Transport Corporation Employees Pension Fund Trust, Thiruvalluvar House, Pallavan Salai, Chennai - 600 002.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents to settle the 1/4

interest for the belated payment of retirement benefits such as Gratuity, Earned Leave, Commutation Pension, Provident fund and other retirement benefits payable to the petitioner with 6 percent rate of interest within the time frame that may be stipulated by this Court.

For Petitioner : Mr.N.Sudhagar Nagaraj For Respondents : Mr.D.Jebaraj 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 in the year 1987. He retired on 30.04.2015. However, his terminal benefits were settled only on 23.05.2017. 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.

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3. This writ petition is allowed. There shall be no order as to costs. 25.04.2023 Index : Yes / No Internet : Yes / No NCC : Yes / No MGA To 1.The Managing Director, Tamil Nadu State Transport Corporation (Tirunelveli) Ltd., Tirunelveli, Tirunelveli District.

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

3.The Administrator, Tamil Nadu State Transport Corporation Employees Pension Fund Trust, Thiruvalluvar House, Pallavan Salai, Chennai - 600 002.

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G.R.SWAMINATHAN, J.

MGA 25.04.2023 4/4