Karuppasamy. K v. The Managing Director
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 09.08.2023
CORAM
THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI K.Karuppasamy ... Petitioner Vs
1. The Managing Director, Tamil Nadu State Transport Corporation (Madurai) Ltd., Bye-Pass Road, Madurai 16.
2. The General Manager, Tamil Nadu State Transport Corporation (Madurai) Ltd., Virudhunagar Region, Virudhunagar.
3. The Administrator, Tamil Nadu State Transport Corporation Employees Pension Fund Trust, Thiruvalluvar Illam, Pallavan Salai, Chennai 02.
... 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 settle the entire retirement benefits such as Gratuity, Provident Fund, Employees Retirement Benefits Scheme and Surrender Leave Salary along with belated payment interest at the rate of 6 % per annum on the delayed payment 1/5
of Retirement Benefits from the date of retirement on 31.05.2023 till the date of settlement.
For Petitioner : Mr.S.Govindan For Respondents : Mr.S.Siva Balaji (R1, R2) Standing Counsel Mr.S.C.Herold Singh (R3) Standing Counsel
ORDER
The present writ petition has been filed seeking direction to the respondents to settle the entire retirement benefits such as Gratuity, Provident Fund, Employees Retirement Benefits Scheme and Surrender Leave Salary along with belated payment interest at the rate of 6 % per annum on the delayed payment of Retirement Benefits from the date of retirement on 31.05.2023 till the date of settlement.
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 and retired from service on 31.05.2023. 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 including as Gratuity, Provident Fund, Employees Retirement Benefits Scheme and Surrender Leave Salary. 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 PNM 3/5
To
1. The Managing Director, Tamil Nadu State Transport Corporation (Madurai) Ltd., Bye-Pass Road, Madurai 16.
2. The General Manager, Tamil Nadu State Transport Corporation (Madurai) Ltd., Virudhunagar Region, Virudhunagar.
3. The Administrator, Tamil Nadu State Transport Corporation Employees Pension Fund Trust, Thiruvalluvar Illam, Pallavan Salai, Chennai 02.
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L.VICTORIA GOWRI, J.
PNM ORDER IN 09.08.2023 5/5