Muthusubbiah M v. The Tamil Nadu State Transport Corporation (Madurai) Ltd.,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 25.07.2023

CORAM:

THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI W.P.(MD)No.17849 of 2023 M.Muthusubbiah ... Petitioner Vs.

1.The Tamil Nadu State Transport Corporation (Madurai) Limited, Represented by its Managing Director, Madurai.

2.The Administrator, The Tamil Nadu State Transport Corporation Employees Pension Fund Trust, Thiruvalluvar Illam, Pallavan Salai, Chennai - 02.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the respondents to settle interest at the rate of 6% per annum for the belated payment of the petitioner's terminal benefits including Provident Fund, Gratuity, Terminal leave salary and Commuted value of pension from the date of his retirement ie., from 31.05.2022 to 30.05.2023 the date on which the said benefits were settled to the petitioner. 1/5

For Petitioner : Mr.A.Rahul For R - 1 : Mr.S.Ramachandra Pradeep For R - 2 : Mr.S.C.Herold Singh Standing Counsel

ORDER

The present writ petition has been filed seeking direction to the respondents to settle interest at the rate of 6% per annum for the belated payment of the petitioner's terminal benefits including Provident Fund, Gratuity, Terminal leave salary and Commuted value of pension from the date of his retirement ie., from 31.05.2022 to 30.05.2023 the date on which the said benefits were settled to the petitioner.

2. Heard the learned counsel on either side.

3. The petitioner was employed as a Driver by the respondent Corporation on 07.11.1992. He retired from service as a Special Grade Driver on 31.05.2022.

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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 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.

25.07.2023 (4/5) NCC : Yes/No Index : Yes / No Internet : Yes ps 3/5

To 1.The Managing Director, The Tamil Nadu State Transport Corporation (Madurai) Limited, Madurai.

2.The Administrator, The Tamil Nadu State Transport Corporation Employees Pension Fund Trust, Thiruvalluvar Illam, Pallavan Salai, Chennai - 02.

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L.VICTORIA GOWRI, J.

ps W.P.(MD)No.17849 of 2023 (4/5) 25.07.2023 5/5