Monikandan Asari K (Edp No. 8811) v. The Management Of Tamil Nadu State Express Transport Corporation Ltd.,

1 W.P.(MD)NO.15744 OF 2023 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 30.06.2023

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.15744 of 2023 K.Monikandan Asari ... Petitioner Vs.

1. The Management of Tamil Nadu State Express Transport Corporation Ltd., Rep. by its General Manager, Pallavan Salai, Chennai - 2.

2. The Administrator, Tamil Nadu State Transport Employee's Pension Fund Trust, Thiruvalluvar Illam, Anna Salai, Chennai -2.

... Respondents Prayer: Writ petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents to pay interest @ 12% p.a. for the period of delay from the petitioner's date of retirement (30.06.2022) to till the date of reimbursement (23.05.2023) of amount paid towards the petitioner's terminal and pension benefits namely EPF Employee's Contribution, Gratuity and Encashment of earned / sick leave and 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.

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2 W.P.(MD)NO.15744 OF 2023 For Petitioner : Mr.R.Murugan 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 Driver in the respondent Corporation. He retired as Selection Grade Senior Driver on 30.06.2022. However, his terminal benefits were settled only on 23.05.2023.

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.

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3 W.P.(MD)NO.15744 OF 2023 4.This writ petition is allowed accordingly. No costs. 30.06.2023 NCS : Yes / No Index : Yes / No Internet : Yes/ No PMU To:

1. The General Manager, Tamil Nadu State Express Transport Corporation Ltd., Pallavan Salai, Chennai - 2.

2. The Administrator, Tamil Nadu State Transport Employee's Pension Fund Trust, Thiruvalluvar Illam, Anna Salai, Chennai -2.

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4 W.P.(MD)NO.15744 OF 2023 G.R.SWAMINATHAN,J.

PMU W.P.(MD)No.15744 of 2023 30.06.2023 4/5