Selvaraj.M v. The Tamil Nadu State Transport Corporation (Tirunelveli) Ltd.,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 13.07.2023

CORAM

THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI W.P.(MD)No.16867 of 2023 M.Selvaraj ... Petitioner Vs.

1.The Tamil Nadu State Transport Represented by its Managing Director, Tirunelveli Division, Kattabomman Nagar, V.M.Chathiram, Tirunelveli.

2.The Tamil Nadu State Transport Represented by its General Manager, Nagercoil Region, Ranithotam, Nagercoil.

... 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 interest at the rate of 12% per annum, for the period of delay from the petitioner's date of retirement (31.05.2018) to till the date of reimbursement (21.09.2019) of amount paid towards the petitioners terminal and pension benefits namely EPF Employee's Contribution, Gratuity and Encashment of Earned/Sick Leaves and other monetary benefits etc., within a time frame as 1/4

may be fixed by this Court, without affecting the petitioner's right to claim balance amounts towards those benefits.

For Petitioner : Mr.R.Murugan For Respondents : Mr.D.Jebaraj

ORDER

The present writ petition has been filed seeking direction to the respondents to pay interest at the rate of 12% per annum, for the period of delay from the petitioner's date of retirement (31.05.2018) to till the date of reimbursement (21.09.2019) of amount paid towards the petitioners terminal and pension benefits namely EPF Employee's Contribution, Gratuity and Encashment of Earned/Sick Leaves and other monetary benefits etc., within a time frame as may be fixed by this Court, without affecting the petitioner's right to claim balance amounts towards those benefits.

2. Heard the learned counsel on either side.

3. The petitioner was employed as Conductor in the respondent corporation on 17.10.1991 and he retired from service on 31.05.2018. 2/4

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, The Tamil Nadu State Transport Tirunelveli Division, Kattabomman Nagar, V.M.Chathiram, Tirunelveli.

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L.VICTORIA GOWRI, J.

gbg 2.The General Manager, The Tamil Nadu State Transport Nagercoil Region, Ranithotam, Nagercoil.

W.P.(MD)No.16867 of 2023 13.07.2023 4/4