Gurusamy.R v. The Management Of

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 05.06.2023

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN R.Gurusamy ... Petitioner Vs 1.The Management of Tamil Nadu State Transport Corporation (Madurai) Ltd., Madurai Region, Represented by its Managing Director, Madurai.

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 respondent to pay the petitioner interest at the rate of 6% per annum, for the period of delay from 01.01.2021 to 01.12.2022, in paying the amounts paid towards his terminal benefits, namely, EPF Employee's Contribution, Gratuity Encashment of Earned 1/4

/ Sick Leaves and 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.Ramaiah 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 Driver. He retired on 31.12.2020. However, his terminal benefits were settled only on 01.12.2022. 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 Tamil Nadu State Transport Corporation (Madurai) Ltd., Madurai Region, Madurai.

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