Nagu. S v. The Managing Director

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 04.06.2024

CORAM:

THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI S.Nagu ... Petitioner Vs.

The Managing Director, Tamil Nadu State Transport Corporation (Kum) Ltd., TNSTC Head Office, No.27, Railway Station New Road, Kumbakonam - 612 001.

... Respondent PRAYER : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the respondent to disburse the earned leave salary for 26 days surrendered by the petitioner, together with interest at the rate of 12 percentage per annum from the date of the petitioners retirement to till the date of actual payment by the respondent by considering the petitioner's representation dated 31.10.2019.

For Petitioner : Mr.S.P.Vijay Nivas For Respondent : Mr.P.Balasubramanian Standing Counsel

ORDER

The present writ petition has been filed seeking direction to the respondent to disburse the earned leave salary for 26 days surrendered 1/4

by the petitioner, together with interest at the rate of 12 percentage per annum from the date of the petitioners retirement to till the date of actual payment by the respondent by considering the petitioner's representation dated 31.10.2019.

2.The petitioner was appointed as Driver in the respondent corporation in the year 1981. After attaining the age of superannuation, he retired from service on 30.04.2018.

3.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.

4.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).

5.In view of the above, this Writ Petition is disposed of by directing the respondent management to pay interest at the rate of 6% per annum for belated settlement of terminal benefits of the petitioner. The said exercise shall be done within a period of twelve (12) weeks from the date 2/4

of receipt of a copy of this order. No costs. 04.06.2024 NCC : Yes / No Index :

Yes / No Internet :

Yes Mrn To The Managing Director, Tamil Nadu State Transport Corporation (Kum) Ltd., TNSTC Head Office, No.27, Railway Station New Road, Kumbakonam - 612 001.

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L.VICTORIA GOWRI, J.

Mrn 04.06.2024 4/4