Nagarajan .C v. The Management,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 07.06.2024

CORAM

THE HONOURABLE MS JUSTICE R.N.MANJULA C.Nagarajan ... Petitioner Vs.

The Management of Tamil Nadu State Express Transport Corporation Ltd., Rep. by its General Manager, Pallavan Salai, Chennai - 2.

... Respondent PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondent to pay interest at the rate of 12% per annum, for the period of delay from the petitioner's date of retirement (30.06.2022) to till the date of reiumbursement (29.05.2023) of amount paid towards the petitioner's terminal and pension benefits namely EPF Employee's Contribution, Gratuity and Encashment of Earned/Sick Leave and other monetary benefits etc., within a time frame as may be fixed by this Court, without affecting the petitioner's right to claim balance amounts towards those benefits.

For Petitioner : Mr.R.Murugan For Respondent : Mr.K.Senthil Kumar 1/4

O R D E R

The Writ Petition has been filed seeking direction to the respondents to disburse interest at the rate of 12% per annum, for the period of delay from 30.06.2022 to 29.05.2023 in paying the amounts paid towards the terminal benefits.

2. Mr.K.Senthil Kumar, learned cousel takes notice for the respondent.

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

4. The petitioner was employed as a Driver in the Tamil Nadu State Express Transport Corporation on 01.09.1989 and after completion of 32 years of service, he retired from service as 'Selection Grade Senior Driver' on 30.06.2022.

5. It is admitted that the petitioner's terminal benefits were not settled immediately but only belatedly on 29.05.2023. The only question that arises for consideration is with regard to the rate of interest payable on the belated settlement.

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6. 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).

7. Therefore, this Court directs the respondent management to pay interest at the rate of 6% per annum for belated settlement of petitioner's terminal benefits within a period of twelve (12) weeks from the date of receipt of a copy of this order.

8. In view of the above, this Writ Petition is disposed of. No costs. 07.06.2024 NCC:yes/no Index:yes/no Internet:yes/no PM To:

The Management of Tamil Nadu State Express Transport Corporation Ltd., Rep. by its General Manager, Pallavan Salai, Chennai - 2.

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R.N.MANJULA, J.

PM 07.06.2024 4/4