N.Poiyyali v. The Managing Director

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 13.06.2024

CORAM

THE HONOURABLE MS JUSTICE R.N.MANJULA N.Poiyyali ... Petitioner Vs.

1. The Managing Director, Tamil Nadu State Transport Corporation (Tvl) Ltd., 23/2, Thoothukudi Road, Kattapomman Nagar, Tirunelveli District-627 007.

2. The General Manager, Tamil Nadu State Transport Corporation (Tvl) Ltd., Tirunelveli Region, Tirunelveli District-627 007.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondents to disburse interest at the rate of 6% for the belated payment of retirement benefits, Gratuity, Provident Fund and Leave Salary.

For Petitioner : Mr.K.Gokul For Respondents : Mr.D.Jebaraj, Standing Counsel 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 6% per annum for the belated payment of retirement benefits, viz., Gratuity, Provident Fund and Leave Salary

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

3. Mr.K.Gokul, learned counsel appearing for the petitioner and Mr.D.Jebaraj, learned Standing Counsel appearing for the respondents.

4. The petitioner was employed as Driver in the Tamil Nadu State Transport Corporation (TVL) Limited on 06.02.1993 and he retired from service as Special Grade Driver on 30.06.2022.

5. It is admitted that the petitioner's retirement benefits were not settled immediately but only belatedly that on 31.05.2023. 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. In view of the above, the Writ Petition is disposed of with a direction to the respondent management to pay interest at the rate of 6% per annum for belated settlement of petitioner's retirement benefits within a period of twelve

(12) weeks from the date of receipt of a copy of this order. No costs. 13.06.2024 NCC:yes/no Index:yes/no Internet:yes/no TSG To:

1. The Managing Director, Tamil Nadu State Transport Corporation (Tvl) Ltd., 23/2, Thoothukudi Road, Kattapomman Nagar, Tirunelveli District-627 007.

2. The General Manager, Tamil Nadu State Transport Corporation (Tvl) Ltd., Tirunelveli Region, Tirunelveli District-627 007.

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R.N.MANJULA, J.

TSG 13.06.2024 4/4