Madras High CourtWP(MD)/16210/2023allowed

Srinivasan. N v. The Managing Director

2023-07-05Honourable Mrs Justice L.Victoria Gowri4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 05.07.2023

CORAM

THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI N.Srinivasan ... Petitioner Vs.

1.The Managing Director, Tamil Nadu State Transport Corporation (KMB) Ltd., New Railway Station Road, Kumbakonam-612 001.

2.The General Manager, Tamil Nadu State Transport Corporation (KMB) Ltd., Nagapattinam Region, Vellipalayam, Nagapattinam-611 001.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondents to disburse interest at the rate of 6% for the belated payment of retirement benefits Gratuity, Provident Fund and Leave Salary.

For Petitioner : Mr.K.Gokul 1/4

For Respondents : Mr.K.Jegadeesh Balan Standing Counsel

ORDER

The present writ petition has been filed seeking direction to the respondents to disburse interest at the rate of 6% for the belated payment of retirement benefits Gratuity, Provident Fund and Leave Salary.

2. Heard the learned counsel on either side.

3. The petitioner was employed as Conductor by the respondent corporation on17.06.1999. He retired from service on 30.11.2021.

4. It is admitted that his terminal benefits were not settled immediately but only belatedly. The only question that arises for consideration is as regards the rate of interest payable on the belated settlement.

5. The issue raised in this writ petition was already decided by this Court vide order, dated 07.03.2023 in W.P(MD)No.4866 of 2023 (C.Murugan Vs. The Tamil Nadu State Transport Corporation (Tirunelveli) Ltd., & Another). 2/4

6. In view of the above, this Writ Petition is allowed by directing the respondent management to pay interest at the rate of 6% per annum for belated settlement of petitioner's terminal benefits. This shall be done within a period of twelve (12) weeks from the date of receipt of a copy of this order. No costs. 05.07.2023 NCC : Yes / No Index : Yes / No Internet : Yes/ No gbg To 1.The Managing Director, Tamil Nadu State Transport Corporation (KMB) Ltd., New Railway Station Road, Kumbakonam-612 001.

2.The General Manager, Tamil Nadu State Transport Corporation (KMB) Ltd., Nagapattinam Region, Vellipalayam, Nagapattinam-611 001.

3/4

L.VICTORIA GOWRI, J.

gbg 05.07.2023 4/4