P.Ramasamy v. The Tamil Nadu State Transport Corporation (Kumakonam) Limited,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 09.08.2023

CORAM

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

1. The Tamil Nadu State Transport Corporation (Kumbakonam) Limited, Rep. by its Managing Director, Kumbakonam.

2. The General Manager, The Tamil Madu State Transport Corporation (Kumbakonam) Limited, Trichy Region, Trichy-620 001.

3. The Chief Financial Officer, The Tamil Nadu State Transport Corporation (Kumbakonam) Limited, Kumbakonam-612 001.

... 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 the Earned Leave surrender amount at the time of service and also along with interest at the rate of 18 percent per annum and also interest for the belated payment of retirement benefits including Provident Fund, Leave Encashment and Earned Leave Surrender Amout at the time of service within the time limit that may fixed by this Court.

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For Petitioner : Mr.D.Sivaraman For Respondents : Mr.K.Jegadeesh Balan Standing Counsel

ORDER

The present writ petition has been filed seeking direction to the respondents to pay the Earned Leave surrender amount at the time of service and also along with interest at the rate of 18 percent per annum and also interest for the belated payment of retirement benefits including Provident Fund, Leave Encashment and Earned Leave Surrender Amout at the time of service within the time limit that may 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 Conductor by the respondent Corporation on 03.09.1987. He retired from service on 31.07.2022. 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 interest at the rate of 6% per annum for belated settlement of petitioner's terminal benefits and the earned leave salary at the time of service. 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. The Managing Director, Tamil Nadu State Transport Corporation (Kumbakonam) Limited, Kumbakonam.

2. The General Manager, The Tamil Madu State Transport Corporation (Kumbakonam) Limited, Trichy Region, Trichy-620 001.

3. The Chief Financial Officer, The Tamil Nadu State Transport Corporation (Kumbakonam) Limited, Kumbakonam-612 001.

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L.VICTORIA GOWRI, J.

PNM ORDER IN 09.08.2023 5/5