Velappan.V v. The Managing Director
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 17.07.2023
CORAM
THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI V.Velappan ... Petitioner Vs.
1.The Managing Director, Tamil Nadu State Transport Corporation (Tirunelveli) Limited, Tirunelveli.
2.The General Manager, Tamil Nadu State Transport Corporation (Tirunelveli) Limited, Ranithottam, Nagercoil-629 001, Kanyakumari District.
3.The Administrator, Tamil Nadu State Transport Corporation Employee's Pension Trust, Thiruvallur House, 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 the 6% interest for the belated payment of the petitioner retirement benefits i.e., Provident Fund, Gratuity, E.L and M.L Salary, Surrender Leave Salary and all other retirement benefits from the date of retirement to the actual date of 1/5
payment of retirement benefits to the petitioner and pay the same to the petitioner within the time frame to be fix by this Court. For Petitioner : Mr.N.S.Ramakrishna Dass For R1 & R2 : Mr.K.Ramaiah Standing Counsel For R3 : Mr.S.C.Herold Singh Standing Counsel
ORDER
The present writ petition has been filed seeking direction to the respondents to pay the 6% interest for the belated payment of the Petitioner retirement benefits i.e., Provident Fund, Gratuity, E.L and M.L Salary, Surrender Leave Salary and all other retirement benefits from the date of retirement to the actual date of payment of retirement benefits to the petitioner and pay the same to the petitioner within the time frame to be fix by this Court.
2. Heard the learned counsel on either side.
3. The petitioner was worked as Senior Checking Inspector in the respondent corporation and he retired from service on 30.06.2022. 2/5
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 allowed 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. 17.07.2023 NCC : Yes / No Index : Yes / No Internet : Yes/ No gbg 3/5
To 1.The Managing Director, Tamil Nadu State Transport Corporation (Tirunelveli) Limited, Tirunelveli.
2.The General Manager, Tamil Nadu State Transport Corporation (Tirunelveli) Limited, Ranithottam, Nagercoil-629 001, Kanyakumari District.
3.The Administrator, Tamil Nadu State Transport Corporation Employee's Pension Trust, Thiruvallur House, Pallavan Salai, Chennai-600 002.
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L.VICTORIA GOWRI, J.
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