Antony Muthu S (Edp No. 2084) v. The Tamil Nadu State Transport Corporation (Tirunelveli) Ltd.,

1 W.P.(MD)NO.15747 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.15747 of 2023 S.Antony Muthu ... Petitioner Vs.

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

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

3. 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 (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 1/4

2 W.P.(MD)NO.15747 OF 2023 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 R-1 & R-2 : Mr.K.Ramaiah, Standing Counsel.

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

* * *

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 Special Grade Driver 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 2/4

3 W.P.(MD)NO.15747 OF 2023 of twelve weeks from the date of receipt of a copy of this order.

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 Managing Director, The Tamil Nadu State Transport Corporation (Tirunelveli) Ltd., Tirunelveli Division, Kattabomman Nagar, V.M.Chathiram, Tirunelveli.

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

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

3/4

4 W.P.(MD)NO.15747 OF 2023 G.R.SWAMINATHAN,J.

PMU W.P.(MD)No.15747 of 2023 30.06.2023 4/4