Madras High CourtWP(MD)/16623/2023disposed of

Kannan R v. The Managing Director

2023-07-11Honourable Mrs Justice L.Victoria Gowri4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11.07.2023

CORAM:

THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI W.P.(MD)No.16623 of 2023 Kannan ... Petitioner /vs./ The Managing Director, Tamil Nadu State Transport Corporation (Kumbakonam) Limited, Kumbakonam-612 001.

... Respondent PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondents to pay interest at the rate of 6% per annum for the delayed payment of Gratuity, Employees Provident Fund and Earned Leave Salary from the date of retirement to till the date of payment to the petitioner.

For Petitioner : Mr.D.Venkatachalam For Respondents : Mr.K.Jegadeesh Balan Standing Counsel 1/4

ORDER

The present writ petition has been filed seeking direction to the respondents to pay interest at the rate of 6% per annum for the delayed payment of Gratuity, Employees Provident Fund and Earned Leave Salary from the date of retirement to till the date of payment to the petitioner.

2. By consent of both parties, this Writ Petition is taken up for final disposal at the stage of admission itself.

3. The petitioner was employed as Tradesman by the respondent Corporation on 22.05.1987. He retired from service on 31.05.2022.

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. 2/4

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).

6. In view of the above, this Writ Petition stands allowed by directing the respondent Corporation 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. There shall be no order as to costs.

11.07.2023 Index : Yes / No Internet : Yes NCC : Yes / No BTR To The Managing Director, Tamil Nadu State Transport Corporation (Kumbakonam) Limited, Kumbakonam-612 001.

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L.VICTORIA GOWRI, J.

BTR Order made in W.P.(MD)No.16623 of 2023 Dated:

11.07.2023 4/4