Anbalagan. R v. The Management Of

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 28.07.2023

CORAM

THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI R.Anbalagan ... Petitioner Vs.

The Management of State Express Transport Corporation (Tamil Nadu) Limited, Represented by its Managing Director, Pallavan Salai, Chennai-2.

... Respondent Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondent to pay the petitioner's interest at the rate of 6% per annum, for the period of delay from 01.06.2022 to 30.05.2023, in paying the amounts paid towards his terminal benefits namely, EPF Employee's Contribution, Gratuity and Encashment of Leaves 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.Senthil Kumar Standing Counsel 1/4

ORDER

The present writ petition has been filed seeking direction to the respondent to pay the petitioner's interest at the rate of 6% per annum, for the period of delay from 01.06.2022 to 30.05.2023, in paying the amounts paid towards his terminal benefits namely, EPF Employee's Contribution, Gratuity and Encashment of Leaves within a time frame as may be fixed by this Court and without affecting his right to claim balance amounts towards those benefits.

2. By consent of both parties, this Writ Petition is taken up for final disposal at the stage of admission itself.

3. The petitioner was employed as Driver by the respondent Corporation on 01.10.1988. He retired from service on 31.05.2022.

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 stands allowed by directing the respondent Corporation 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. There shall be no order as to costs.

28.07.2023 NCC : Yes / No Index : Yes / No Internet : Yes BTR To The Managing Director, The Management of State Express Transport Corporation (Tamil Nadu) Limited, Pallavan Salai, Chennai-2.

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L.VICTORIA GOWRI, J.

BTR 28.07.2023 4/4