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Madras High CourtWP(MD)/14770/2023allowed

Thanu Moorthy .N v. Tamil Nadu State Transport Corporation (Tirunelveli) Ltd

2023-06-22Honourable Mr Justice G.R.Swaminathan4 pages

1 W.P.(MD)NO.14770 OF 2023 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.06.2023

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.14770 of 2023 N.Thanu Moorthy ... Petitioner Vs.

1. The Tamil Nadu State Transport Corporation (TVL) Ltd., Tirunelveli Division, Rep. by its Managing Director, Kattapomman Nagar, V.M.Chathiram, Tirunelveli.

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

... Respondents Prayer: Writ petition is filed under Article 226 of the Constitution of India, 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 (31.05.2022) to till the date of reimbursement (31.05.2023) of amount paid towards the petitioner's terminal and pension benefits namely, EPF Employee's Contribution, Gratuity and Encashment of Earned / Sick Leave 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.

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2 W.P.(MD)NO.14770 OF 2023 For Petitioner : Mr.K.Gokul For R-1 & R-2 : Mr.K.Ramaiah, Standing Counsel.

For R-3 : Mr.S.C.Herold Singh, Standing Counsel.

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O R D E R

Heard the learned counsel on either side.

2. The petitioner worked as Special Grade Driver in the respondent Corporation. He retired on 31.05.2022. However, his terminal benefits were settled only on 31.05.2023.

3.It is well settled that for such belated settlement, the retired employee is entitled to interest. I, therefore, direct the respondent Corporation to pay the 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. 4.This writ petition is allowed accordingly. No costs. 22.06.2023 NCS : Yes / No Index : Yes / No Internet : Yes / No PMU 2/4

3 W.P.(MD)NO.14770 OF 2023 To:

1. The Tamil Nadu State Transport Corporation (TVL) Ltd., Tirunelveli Division, Rep. by its Managing Director, Kattapomman Nagar, V.M.Chathiram, Tirunelveli.

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

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4 W.P.(MD)NO.14770 OF 2023 G.R.SWAMINATHAN,J.

PMU W.P.(MD)No.14770 of 2023 22.06.2023 4/4