Selvaraj.S v. The Managing Director

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 08.08.2023

CORAM

THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI S.Selvaraj ... Petitioner Vs.

1.The Managing Director, Tamil Nadu State Transport Corporation Ltd, Thirunelveli Division, K.T.C.Nagar, Thirunelveli-627 011.

2.The General Manager, Tamil Nadu State Transport Corporation Ltd., Nagercoil Region, Rani Thottam, Nagercoil, Kanyakumari District-629 001.

... 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 and Leave Salary, payable to the petitioner from the date of his retirement i.e. on 30.04.2018 to till the date of actual payment made to him i.e. 21.09.2019.

For Petitioner : Mr.A.K.Thangavelu For Respondents : Mr.D.Jebaraj Standing Counsel 1/5

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 and Leave Salary, payable to the petitioner from the date of his retirement (i.e.) on 30.04.2018 to till the date of actual payment made to him (i.e.) 21.09.2019.

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 01.05.1997. He retired from service on 30.04.2018.

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. 2/5

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 disposed of 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 BTR 3/5

To 1.The Managing Director, Tamil Nadu State Transport Corporation Ltd, Thirunelveli Division, K.T.C.Nagar, Thirunelveli-627 011.

2.The General Manager, Tamil Nadu State Transport Corporation Ltd., Nagercoil Region, Rani Thottam, Nagercoil, Kanyakumari District-629 001.

4/5

L.VICTORIA GOWRI, J.

BTR 08.08.2023 5/5