Jothibasu.P v. The Managing Director

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 04.06.2024

CORAM:

THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI P.Jothibasu ... Petitioner Vs.

1.The Managing Director, Tamil Nadu State Transport Corporation (Madurai) Ltd., Bye-Pass Road, Madurai - 16.

2.The General Manager, Tamil Nadu State Transport Corporation (Madurai) Ltd., Virudhunagar Region, Virudhunagar.

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

... 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 the interest at the rate of 18% p.a., on the belated payment of terminal benefits such as provident fund Rs.77,912/-, gratuity Rs.3,38,503/-, backwages Rs.8,63,491/- from the date of retirement on 31.05.2016 till the date of settlement.

For Petitioner : Mr.S.Govindan For Respondents 1 & 2 : Mr.P.Balasubramanian Standing Counsel For 3rd Respondent : Mr.S.C.Herold Singh Standing Counsel 1/4

ORDER

The present writ petition has been filed seeking direction to the respondents to settle the interest at the rate of 18% p.a., on the belated payment of terminal benefits such as provident fund Rs.77,912/-, gratuity Rs.3,38,503/-, backwages Rs.8,63,491/- from the date of retirement on 31.05.2016 till the date of settlement.

2.The petitioner was appointed as Driver in the respondent Corporation. After attaining the age of superannuation, he retired from service on 31.05.2016.

3.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.

4.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).

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5.In view of the above, this Writ Petition is disposed of by directing the respondents management to pay interest at the rate of 6% per annum for belated settlement of terminal benefits of the petitioner. The said exercise shall be done within a period of twelve (12) weeks from the date of receipt of a copy of this order. No costs. 04.06.2024 NCC : Yes / No Index :

Yes / No Internet :

Yes Mrn To 1.The Managing Director, Tamil Nadu State Transport Corporation (Madurai) Ltd., Bye-Pass Road, Madurai - 16.

2.The General Manager, Tamil Nadu State Transport Corporation (Madurai) Ltd., Virudhunagar Region, Virudhunagar.

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

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L.VICTORIA GOWRI, J.

Mrn 04.06.2024 4/4