Madras High CourtWP(MD)/17961/2023disposed of

Abdul Mohamed Nazeer (Staff No. 89cr3016-Ti) v. The Managing Director

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 Abdul Mohamed Nazeer ... Petitioner Vs.

1.The Managing Director, Tamil Nadu State Transport Corporation (Kumbakonam) Ltd., TNSTC Head Office, No.27, Railway Station New Road, Kumbakonam-612 001.

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

... 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 on the delayed payment of retirement benefits paid to the petitioner, from the date of his retirement i.e, 31.10.2022 to actual payment made on 23.05.2023, in view of the High Court orders and the petitioner's representation, dated 22.06.2023.

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For Petitioner : Mr.P.Vijaynivas For R1 : Mr.K.Ramaiah Standing Counsel For R2 : 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 on the delayed payment of retirement benefits paid to the petitioner, from the date of his retirement i.e, 31.10.2022 to actual payment made on 23.05.2023, in view of the High Court orders and the petitioner's representation, dated 22.06.2023.

2. Heard the learned counsel on either side.

3. The petitioner joined in the respondent corporation in the year 1989 and he retired from service on 31.10.2022.

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 1.The Managing Director, Tamil Nadu State Transport Corporation (Kumbakonam) Ltd., TNSTC Head Office, No.27, Railway Station New Road, Kumbakonam-612 001.

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

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L.VICTORIA GOWRI, J.

gbg 26.07.2023 4/4