Madras High CourtWP(MD)/21839/2022allowed

Ganesan.M v. Transport Department

2022-10-12Honourable Mr Justice G.R.Swaminathan4 pages

1 W.P.(MD)NO.21839 OF 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 12.10.2022

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.21839 of 2022 M.Ganesan ... Petitioner Vs.

1. The Managing Director, Tamil Nadu State Transport Corporation (Kumbakonam) Ltd., Kumbakonam, Thanjavur District.

2. The General Manager, Tamil Nadu State Transport Corporation (Kumbakonam) Ltd., Karaikudi, Sivagangai District.

3. The Administrative Officer, Tamil Nadu State Transport Corporation Pension Fund Trust, Thiruvalluvar House, Pallavan Salai, Chennai - 600 002.

... Respondents Prayer: Writ petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents herein to pay the interest to the petitioner at the rate of 12% per annum for the belayed disbursement of Rs.20,11,698/- towards his retirement benefits namely, Provident Fund, Gratuity and Leave Salary from the date of 1/4

2 W.P.(MD)NO.21839 OF 2022 the petitioner's retirement (i.e.) on 30.11.2019 up to the date of full settlement on 30.01.2021 and to pay the difference amount in earned leave salary by considering the petitioner's representations dated 06.09.2022 and within the time frame as fixed by this Court and for other reliefs. For Petitioner : Mr.D.Senthil For R-1 & R-2 : Mr.K.Jagadees Balan, Standing Counsel.

For R-3 : Mr.S.C.Herold Singh * * *

O R D E R

Heard the learned counsel on either side.

2. The petitioner worked as Driver in the respondent Corporation. He retired on 30.11.2019. However, his terminal benefits were settled only on 30.01.2021.

3.It is well settled that for such belated settlement, the retired employee is entitled to interest. I, therefore, direct the respondent Corporation to pay the interest to the writ petitioner computed at the rate of 6% per annum on the 2/4

3 W.P.(MD)NO.21839 OF 2022 belated disbursement from the date of retirement till date of settlement. The interest amount shall be paid within a period of twelve weeks from the date of receipt of a copy of this order.

4.This writ petition is allowed accordingly. No costs. 12.10.2022 Index : Yes / No Internet : Yes/ No PMU To:

1. The Managing Director, Tamil Nadu State Transport Corporation (Kumbakonam) Ltd., Kumbakonam, Thanjavur District.

2. The General Manager, Tamil Nadu State Transport Corporation (Kumbakonam) Ltd., Karaikudi, Sivagangai District.

3. The Administrative Officer, Tamil Nadu State Transport Corporation Pension Fund Trust, Thiruvalluvar House, Pallavan Salai, Chennai - 600 002.

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4 W.P.(MD)NO.21839 OF 2022 G.R.SWAMINATHAN,J.

PMU W.P.(MD)No.21839 of 2022 12.10.2022 4/4