Harihara Suthan B v. The General Manager

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 16.07.2024

CORAM:

THE HONOURABLE MS.JUSTICE R.N.MANJULA W.P.(MD) No.16043 of 2024 B.Harihara Suthan ... Petitioner Vs.

1.The General Manager Tamil Nadu State Transport Corporation, (TNV) Ltd, Nagercoil Region, Ranithottam, Kanniyakumari.

2.The Administrator Tamil Nadu State Transport Corporation Pension Fund Trust, Thiruvalluvar Illam, Pallavan Salai, Chennai-2.

...Respondents

Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus to direct the 1/5

respondents to pay interest at the rate of 6% for the period of delay from 31.01.2019 to 24.09.2019 in paying the amounts paid towards the terminal benefits.

For Petitioner : Mr.G.M.Xavier For Respondents : Mr. K.Ramaiah, - for R1 & R2 Standing Counsel : Mr.S.C.Herold Singh - for R3

ORDER

The petitioner, who was retired from service on 31.01.2019, has filed this writ petition seeking a Writ of Mandamus, directing the respondents to pay 6% interest for the belated payment of terminal benefits.

2. Heard Mr.G.M.Xavier, learned counsel for the petitioner, Mr.K.Ramaiah, learned Standing Counsel for the first respondent and Mr.S.C.Herold Singh, learned counsel for the second respondent.

3. By consent of both parties, this writ petition is taken up for final disposal at the stage of admission itself. 2/5

4. As per the submission of the learned counsel for the petitioner, the petitioner's terminal benefits have been settled only on 24.09.2019 with the delay of more than 8 months.

5. Since the petitioner is in no way responsible for the delay caused in disbursing the said benefits, the respondent Transport Corporation shall pay interest to the petitioner for the period of delay between 31.01.2019 and 24.09.2019 at the rate of 6% per annum and disburse the same within a period of six weeks from the date of receipt of a copy of this order.

6. With the above direction, the Writ Petition stands disposed of. No costs.

16.07.2024 Index : Yes / No Internet : Yes / No NCC : Yes / No RM 3/5

To 1.The General Manager Tamil Nadu State Transport Corporation, (TNV) Ltd, Nagercoil Region, Ranithottam, Kanniyakumari.

2.The Administrator Tamil Nadu State Transport Corporation Pension Fund Trust, Thiruvalluvar Illam, Pallavan Salai, Chennai-2.

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R.N.MANJULA , J.

RM Order made in W.P.(MD)No.16043 of 2024 Dated:

16.07.2024 5/5