Mariya Raymond. A v. The Tamil Nadu State Transport Corporation (Tirunelveli) Ltd

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.06.2023

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN A.Mariya Raymond ... Petitioner Vs 1.The Tamil Nadu State Transport Corporation (Tirunelveli) Ltd., Tirunelveli Division, Represented by its Managing Director, Kattapomman Nagar, V.M.Chathiram, Tirunelveli.

2.The Tamil Nadu State Transport Corporation (Tirunelveli) Ltd., Nagercoil Region, Represented by its General Manager, Ranithottam, Nagercoil.

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

... Respondents 1/4

Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents to pay interest at the rate of 12% per annum, for the period of delay from the petitioner's date of retirement (31.10.2021) to till the date of reimbursement (27.03.2023) of amount paid towards the petitioner's terminal and pension benefits, namely, EPF Employees Contribution, Gratuity and Encashment of Earned / Sick Leave and Commuted Value of Pension and other monetary benefits etc., within a time frame as may be fixed by this Court, without affecting the petitioner's right to claim balance amounts towards those benefits. For Petitioner : Mr.R.Murugan 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 Conductor. He retired on 31.01.2021. However, his terminal benefits were settled only on 27.03.2023. 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 2/4

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.

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 (Tirunelveli) Ltd., Tirunelveli Division, Kattapomman Nagar, V.M.Chathiram, Tirunelveli.

2.The General Manager, Tamil Nadu State Transport Corporation (Tirunelveli) Ltd., Nagercoil Region, Ranithottam, Nagercoil.

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

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G.R.SWAMINATHAN, J.

MGA 21.06.2023 4/4