Madras High CourtWP(MD)/17897/2023disposed of

Singaram S v. The Management Of Tamilnadu State Transport Corporation (Kumbakonam) Limited

2023-07-26Honourable Mrs Justice L.Victoria Gowri4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 26.07.2023

CORAM

THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI S.Singaram ... Petitioner Vs.

The Management of Tamil Nadu State Transport Corporation (Kumbakonam) Ltd., Pudukottai Region, Represented by its Managing Director, Pudukottai.

... Respondent 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 petitioner interest at the rate of 6% per annum, for the period of delay from 01.08.22 to 30.05.23, in paying the amounts paid towards his terminal and pension benefits namely EPF Employee's Contribution, Gratuity, Encashment of Leave within a time frame as may be fixed by this Court and without affecting his right to claim balance amounts towards those benefits. For Petitioner : Mr.S.Arunachalam For Respondent : Mr.K.Ramaiah Standing Counsel 1/4

ORDER

The present writ petition has been filed seeking direction to the respondents to pay the petitioner interest at the rate of 6% per annum, for the period of delay from 01.08.22 to 30.05.23, in paying the amounts paid towards his terminal and pension benefits namely EPF Employee's Contribution, Gratuity, Encashment of Leave within a time frame as may be fixed by this Court and without affecting his right to claim balance amounts towards those benefits.

2. Heard the learned counsel on either side.

3. The petitioner was employed as Driver by the respondent corporation on 01.04.1995. He retired from service on 31.07.2022.

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 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. 26.07.2023 NCC : Yes / No Index : Yes / No Internet : Yes/ No gbg To The Managing Director, The Management of Tamil Nadu State Transport Corporation (Kumbakonam) Ltd., Pudukottai Region, Pudukottai.

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L.VICTORIA GOWRI, J.

gbg 26.07.2023 4/4