D.Joseph Kennady v. The Managing Director

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 26.06.2024

CORAM:

THE HONOURABLE MS.JUSTICE R.N.MANJULA W.P.(MD) No.13643 of 2024 D.Joseph Kennady ... Petitioner Vs.

1.The Managing Director Tamil Nadu State Transport Corporation, (KMB) Ltd, 27, New Railway Station Road, Kumbakonam - 612 001.

2.The General Manager Tamil Nadu State Transport Corporation, (KMB) Ltd Nagapattinam Region, Nagapattinam.

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3.The Administrator Tamil Nadu State Transport Corporation Employees Pensions Fund Trust, Thiruvalluvar Illam, Pallavan Salai, Chennai-2.

...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 interest at the rate of 6% for the belated payment of retirement benefits Gratuity Provident Fund Leave Salary and Commutation.

For Petitioner : Mr.K.Gokul For Respondents : Mr. K.Ramaiah, - for R1 & R2 Standing Counsel : Mr.S.C.Herold Singh - for R3 2/6

ORDER

The petitioner, who was retired from service on 31.05.2021, has filed this writ petition seeking a Writ of Mandamus, directing the respondents to pay 6% interest for the belated payment of terminal benefits.

2. Heard Mr.K.Gokul, learned counsel for the petitioner, Mr.K.Ramaiah, learned Standing Counsel for the respondent 1 & 2 and Mr.S.C.Herold Singh, learned counsel for the third respondent.

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

4. As per the submission of the learned counsel for the petitioner, the petitioner's terminal benefits have been settled only on 28.03.2023 with the delay of more than 21 months. 3/6

5. Since the petitioner is in no way responsible for the delay caused in disbursing the said benefits, the respondent Transport Corporation shall pay interest to the petitioner for the period of delay between 31.05.2021 and 28.03.2023 at the rate of 6% per annum and disburse the same within a period of six weeks from the date of receipt of a copy of this order.

6. With the above direction, the Writ Petition stands disposed of. No costs.

26.06.2024 Index : Yes / No Internet : Yes / No NCC : Yes / No RM 4/6

To 1.The Managing Director Tamil Nadu State Transport Corporation, (KMB) Ltd, 27, New Railway Station Road, Kumbakonam - 612 001.

2.The General Manager Tamil Nadu State Transport Corporation, (KMB) Ltd Nagapattinam Region, Nagapattinam.

3.The Administrator Tamil Nadu State Transport Corporation Employees Pensions Fund Trust, Thiruvalluvar Illam, Pallavan Salai, Chennai-2.

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R.N.MANJULA , J.

RM Order made in W.P.(MD)No.13643 of 2024 Dated:

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