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Madras High CourtWP(MD)/13850/2023allowed

Kantharaj.G v. The Tamil Nadu State Transport

2023-06-13Honourable Mr Justice G.R.Swaminathan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 13.06.2023

CORAM

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

2.The Administrator, Tamil Nadu State Transport Corporation Employees Pension Fund Trust, Thiruvalluvar Illam, Pallavan Salai, Chennai - 02.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents to settle interest at the rate of 6% per annum for the belated payment of petitioner's terminal benefits including Provident Fund, Gratuity, Terminal Leave Salary and Commuted Value of Pension from the date of the petitioner's retirement to till the date on which the said benefits were settled to the petitioner. 1/4

For Petitioner : Mr.A.Rahul 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 31.03.2022. His terminal and retirement benefits including Provident Fund and Gratuity were settled belatedly on different dates. 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 accordingly. There shall be no order as to costs.

13.06.2023 Index : Yes / No Internet : Yes / No NCC : Yes / No MGA To 1.The Managing Director, Tamil Nadu State Transport Corporation (Madurai) Ltd., Madurai.

2.The Administrator, Tamil Nadu State Transport Corporation Employees Pension Fund Trust, Thiruvalluvar Illam, Pallavan Salai, Chennai - 02.

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G.R.SWAMINATHAN, J.

MGA 13.06.2023 4/4