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Madras High CourtWP(MD)/19238/2023disposed of

Nachimuthu .A v. The Tamil Nadu State Transport Corporation (Madurai) Limited

2023-08-09Honourable Mrs Justice L.Victoria Gowri5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 09.08.2023

CORAM

THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI A.Nachimuthu ... Petitioner Vs

1. Tamil Nadu State Transport Corporation (Madurai) Ltd., By its Managing Director, Madurai.

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

3. The Chief Financial Officer, Tamil Nadu State Transport Corporation (Madurai) Limited, Madurai.

4. The Administrator, Tamil Nadu State Transport Corporation Employees Pension Fund Trust, Thiruvalluvar House, Anna 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 retirement benefits Scheme Amount along with interest at the rate of 18 1/5

percent per annum and also for the belated payment of retirement benefits including Gratuity, Provident Fund, and Commutation Amount within the time limit that may be fixed by this Court.

For Petitioner : Mr.D.Sivaraman For Respondents : Mr.S.Rajasekar (R1, R2) Standing Counsel Mr.S.C.Herold Singh (R3, R4) Standing Counsel

ORDER

The present writ petition has been filed seeking direction to the respondents to pay retirement benefits Scheme Amount along with interest at the rate of 18 percent per annum and also for the belated payment of retirement benefits including Gratuity, Provident Fund, and Commutation Amount within the time limit that may be fixed by this Court.

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 23.01.1990. 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 disposed of by directing the respondent Corporation to pay the terminal benefits of the petitioner along with the interest at the rate of 6% per annum for belated settlement of petitioner's terminal benefits including Gratuity, Provident Fund, and Commutation Amount 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.

09.08.2023 NCC : Yes / No Index : Yes / No Internet : Yes PNM 3/5

To

1. Tamil Nadu State Transport Corporation (Madurai) Ltd., By its Managing Director, Madurai.

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

3. The Chief Financial Officer, Tamil Nadu State Transport Corporation (Madurai) Limited, Madurai.

4. The Administrator,, Tamil Nadu State Transport Corporation Employees Pension Fund Trust, Thiruvalluvar House, Anna Salai, Chennai 600 002.

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L.VICTORIA GOWRI, J.

PNM ORDER IN 09.08.2023 5/5