Madras High CourtWP(MD)/15702/2023allowed

K.Udhayakumar v. The Management Of

2023-06-30Honourable Mr Justice G.R.Swaminathan4 pages

1 W.P.(MD)NO.15702 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.15702 of 2023 K.Udhayakumar ... Petitioner Vs.

1. The Management of Tamil Nadu State Transport Corporation (MDU) Ltd., Virudhunagar Region, Rep. by its Managing Director, Virudhunagar.

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 respondent to pay the petitioner interest @ 6% p.a. for the period of delay from 01.07.2022 to 30.05.2023 in paying the amounts paid towards the terminal and pension benefits namely, EPF Employee's Contribution, Gratuity, Encashment of Earned Leaves and Commuted Value of Pension, within a time as may be fixed by this Court and without affecting his right to claim balance amounts towards those benefits. 1/4

2 W.P.(MD)NO.15702 OF 2023 For Petitioner : Mr.S.Arunachalam For R-1 : Mr.K.Ramaiya, Standing Counsel.

For R-2 : 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 Special Grade Driver on 30.06.2022. However, his terminal benefits were settled only on 30.05.2023.

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.15702 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 Managing Director, Tamil Nadu State Transport Corporation (MDU) Ltd., Virudhunagar Region, Virudhunagar.

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.15702 OF 2023 G.R.SWAMINATHAN,J.

PMU W.P.(MD)No.15702 of 2023 30.06.2023 4/4