Lakshmanan A v. The Managing Director

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 02.06.2023

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN A.Lakshmanan ... Petitioner Vs.

1.The Managing Director, State Express Transport Corpn., (TN) Ltd., Corporate Office, No.2, Thiruvalluvar House, Pallavan Salai, Chennai - 600 002.

2. The Finance Advisor and Chief Accounts Officer, State Express Transport Corpn., (TN) Ltd., Corporate Office, No.2, Thiruvalluvar House, Pallavan Salai, Chennai - 600 002.

3.The Administrator, TNSTC Employees Pension Trust, SETC (TN) Ltd, No. 2, Thiruvalluvar House, Pallavan Salai, Chennai - 600 002.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, to direct the respondents to disburse the interest at the rate of 6 percent as per court 1/4

direction for the belated payment of terminal benefits viz., Provident Fund, Gratuity and Commutation and its total amount comes to Rs. 20,52,266/- only. The interest comes for the above said belated payment amount around Rs.20,52,266/- for a period of more than 14 months from 31.12.2021 to 28.03.2023 and subsequently further interest of the principal interest for 6 percent from the remaining period from 31.12.2021 to 28.02.2023 for 1 year and 2 months comes to Rs. 1,43,659/-. The belated payment of total interest : Rs.1,43,659/- to the petitioner.

For Petitioner : Mr.K.Gokul For Respondents : Mr.M.Senthilkumar, Standing Counsel for R1 & R2.

Mr.S.C.Herold Singh, Standing Counsel for R3.

ORDER

Heard the learned counsel on either side.

2.The writ petitioner joined the respondent corporation as Driver. He retired from service on 31.12.2021. However, his terminal benefits were settled only on 28.02.2023.

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3.It is well settled that for such belated settlement, the retired employee is entitled to interest. I, therefore, direct the respondent Corporation to pay the 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. 4.This writ petition is allowed accordingly. No costs. 02.06.2023 NCC : Yes/No Index : Yes / No Internet : Yes/ No ias 3/4

G.R.SWAMINATHAN, J.

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