Mathavan Pillai v. The Managing Director
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 25.07.2023
CORAM:
THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI W.P.(MD)No.17866 of 2023 Mathavan Pillai ... 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 Employees Pension Trust, Thiruvallur House, Pallavan Salai, Chennai - 600 002.
... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the respondents to pay the 6% interest for the belated payment of the petitioner retirement benefits ie., Provident Fund, Gratuity, E.L and M.L salary, 1/5
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 a time frame fixed by this Court.
For Petitioner : Mr.N.S.Ramakrishna Dass For RR 1 & 2 : Mr.K.Ramaiah Standing Counsel For R - 3 : Mr.S.C.Herold Singh Standing Counsel
ORDER
The present writ petition has been filed seeking direction to the respondents to pay 6% interest for the belated payment of the petitioner retirement benefits ie., 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 a time frame fixed by this Court.
2. Heard the learned counsel on either side.
3. The petitioner was employed as a Conductor by the respondent Corporation. He retired from service as a Senior Conductor on 31.08.2022.
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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 NCC : Yes/No Index : Yes / No Internet : Yes ps 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 Employees Pension Trust, Thiruvallur House, Pallavan Salai, Chennai - 600 002.
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L.VICTORIA GOWRI, J.
ps W.P.(MD)No.17866 of 2023 25.07.2023 5/5