T.Palthurai v. The General Manager

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 10.06.2024

CORAM

THE HONOURABLE MS.JUSTICE R.N.MANJULA T.Palthurai ... Petitioner Vs.

1.The General Manager, Tamil Nadu State Transport Corporation (TNV) Limited, Nagercoil Region, Rani Thottam, Kanniyakumari.

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

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondents to pay interest at the rate of 6% per annum, for the period of delay from 30.04.2019 to 28.01.2021 in paying the amounts paid towards the terminal benefits within a time frame as may be fixed by this Court. For Petitioner : Mr.G.M.Xavier For R-1 : Mr.D.Jebaraj For R-2 : Mr.S.C.Herold Singh 1/5

O R D E R

Heard Mr.G.M.Xavier, learned counsel appearing for the petitioner, Mr.D.Jebaraj, learned counsel for the first respondent and Mr.S.C.Herold Singh, learned counsel for the second respondent.

2. By consent of both the parties, this Writ Petition is taken up for final disposal at the admission stage itself.

3. This Writ Petition has been filed for issuance of Writ of Mandamus seeking direction against the respondents to pay interest at the rate of 6% per annum, for the period of delay from 30.04.2019 to 28.01.2021 in paying the amounts paid towards the terminal benefits.

4. The petitioner was employed as Conductor in the Tamil Nadu State Transport Corporation (Tirunelveli) Limited on 21.10.1997 and he retired from service as Special Grade Conductor Level-4 on 30.04.2019.

5. It is admitted that the petitioner's terminal benefits were not settled immediately but only belatedly that is on 28.01.2021. The only 2/5

question that arises for consideration is with regard to the rate of interest payable on the belated settlement.

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 stated reasons, this Writ Petition is disposed of. No costs.

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To:

1.The General Manager, Tamil Nadu State Transport Corporation (TNV) Limited, Nagercoil Region, Rani Thottam, Kanniyakumari.

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

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R.N.MANJULA, J.

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