Maria Selvaraj .R v. The Managing Director
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 13.07.2023
CORAM
THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI W.P.(MD)No.16811 of 2023 R.Maria Selvaraj ... Petitioner Vs.
1.The Managing Director, Tirunelveli Division, K.T.C Nagar, Tirunelveli-627 011.
2.The General Manager, Nagercoil Region, Ranithotam, Nagercoil, Kanyakumari District.
3.The Administrator, Tamil Nadu State Transport Corporation Employee's Pension Fund Trust, Thiruvalluvar Illam, Pallavan Salai, Chennai-600 002.
... 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 pay 6% interest for the belated payment of terminal benefits such as P.F., 1/5
Gratuity and Leave Salary, payable to the petitioner from the date of his retirement i.e. on 30.06.2022 to till the date of actual payment made to him i.e, 31.05.2023.
For Petitioner : Mr.A.K.Thangavelu For R1 & R2 : Mr.D.Jebaraj For R3 : Mr.S.C.Herold Singh
ORDER
The present writ petition has been filed seeking direction to the respondents to pay 6% interest for the belated payment of terminal benefits such as P.F., Gratuity and Leave Salary, payable to the petitioner from the date of his retirement i.e. on 30.06.2022 to till the date of actual payment made to him i.e, 31.05.2023.
2. Heard the learned counsel on either side.
3. The petitioner was employed as Company Apprentice in the respondent corporation on 19.02.1987 and he retired from service on 30.06.2022.
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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).
6. 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 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. 13.07.2023 NCC : Yes / No Index : Yes / No Internet : Yes/ No gbg To 1.The Managing Director, Tirunelveli Division, K.T.C Nagar, Tirunelveli-627 011.
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2.The General Manager, Nagercoil Region, Ranithotam, Nagercoil, Kanyakumari District.
3.The Administrator, Tamil Nadu State Transport Corporation Employee's Pension Fund Trust, Thiruvalluvar Illam, Pallavan Salai, Chennai-600 002.
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L.VICTORIA GOWRI, J.
gbg W.P.(MD)No.16811 of 2023 13.07.2023 5/5