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Madras High CourtWP(MD)/14561/2023allowed

Kalaimani R v. The Tamil Nadu State Transport

2023-06-21Honourable Mr Justice G.R.Swaminathan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.06.2023

CORAM

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

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

3.The Administrator, Tamil Nadu State Transport Corporation Employees Pensions Fund Trust, Thiuruvalluvar 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 on the delayed payment of retirement benefits paid 1/4

to the petitioner from the date of the petitioner's retirement i.e., 30.06.2022 to actual payment made on 29.05.2023 in view of this Court orders and the petitioner's representation dated 09.06.2023. For Petitioner : Mr.K.A.S.Prabhu For Respondents : Mr.K.Ramaiah Standing Counsel for R.1 & R.2 Mr.S.C.Herold Singh Standing Counsel for R.3

ORDER

Heard the learned counsel on either side.

2. The writ petitioner joined the respondent Corporation as Helper. He retired on 30.06.2022. However, his terminal benefits were settled only on 29.05.2023. 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.

21.06.2023 Index : Yes / No Internet : Yes / No NCC : Yes / No MGA To 1.The Managing Director, Tamil Nadu State Transport Corporation (Kumbakonam) Ltd., Kumbakonam.

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

3.The Administrator, Tamil Nadu State Transport Corporation Employees Pensions Fund Trust, Thiuruvalluvar Illam, Pallavan Salai, Chennai - 02.

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G.R.SWAMINATHAN, J.

MGA 21.06.2023 4/4