Narayanasamy.S v. The Management Of

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 05.06.2023

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN S.Narayanasamy ... Petitioner Vs 1.The Management of State ExpressTransport Corporation (Tamil Nadu) Ltd., Represented by its Managing Director, Pallavan Salai, Chennai - 2.

2.The Administrator, Tamil Nadu State Transport Employees' Pension Fund Trust, Thiruvalluvar Illam, Anna Salai, Chennai - 2.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents to pay the petitioner interest at the rate of 18% per annum, the period of delay from 01.04.2019 to 20.09.2019, in paying the amounts paid towards the petitioner's terminal benefits, namely, Gratuity, Encashment of Earned Leaves and 1/4

commutated value of pension, within a time frame as may be fixed by this Court and without affecting the petitioner's right to claim balance amounts towards those benefits.

For Petitioner : Mr.S.Arunachalam For Respondents : Mr.K.Senthil Kumar Standing Counsel for R.1 Mr.S.C.Herold Singh Standing Counsel for R.2

ORDER

Heard the learned counsel on either side.

2. The writ petitioner joined the respondent Corporation as Conductor. He retired on 31.03.2019. However, his terminal benefits were settled only on 20.09.2019. 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. 05.06.2023 Index : Yes / No Internet : Yes / No NCC : Yes / No MGA To 1.The Managing Director, Management of State ExpressTransport Corporation (Tamil Nadu) Ltd., Pallavan Salai, Chennai - 2.

2.The Administrator, Tamil Nadu State Transport Employees' Pension Fund Trust, Thiruvalluvar Illam, Anna Salai, Chennai - 2.

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G.R.SWAMINATHAN, J.

MGA 05.06.2023 4/4