Mahalingam .M v. The Managing Director
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 08.08.2023
CORAM
THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI M. Mahalingam ... Petitioner Vs.
1. The Managing Director, Tamil Nadu State Transport Corporation Ltd, Madurai Division, Bye Pass Road, Madurai- 625 016.
2. The General Manager, Tamil Nadu State Transport Corporation Ltd, Madurai Region, Bye Pass Road, Madurai-625 016.
3. The Administrator, Tamil Nadu State Transport Corporation- Employees Pension Trust, Thiruvalluvar Illam, Pallavan salai, Chennai-600 002.
... 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 6% interest for the belated payment of Terminal Benefits such as P.F., Gratuity, Leave Salary and Commutation payable to the petitioner from the date of his retirement i.e.on 31.05.2022 to till the date of actual payment made to him i.e. 30.05.2023.
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For Petitioner : Mr.A.K.Thangavelu For R-1 & R-2 : Mr.S.Ramachandra Pradeep Standing Counsel For R-3 : Mr.S.C.Herold Singh
ORDER
The present writ petition has been filed seeking direction to the respondents to pay 6% interest for the belated payment of Terminal Benefits such as P.F., Gratuity, Leave Salary and Commutation payable to the petitioner from the date of his retirement (i.e.) on 31.05.2022 to till the date of actual payment made to him (i.e.) 30.05.2023.
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 Conductor (Daily wage) by the respondents Corporation on 12.05.1992. He retired from service on 31.05.2022. 2/5
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 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.
08.08.2023 NCC : Yes / No Index : Yes / No Internet : Yes MLS/BTR 3/5
To 1.The Managing Director, Tamil Nadu State Transport Corporation Ltd, Madurai Division, Bye Pass Road, Madurai- 625 016.
2.The General Manager, Tamil Nadu State Transport Corporation Ltd, Madurai Region, Bye Pass Road, Madurai-625 016.
3.The Administrator, Tamil Nadu State Transport Corporation- Employees Pension Trust, Thiruvalluvar Illam, Pallavan salai, Chennai-600 002.
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L.VICTORIA GOWRI, J.
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