Madras High CourtWP(MD)/19716/2023disposed of

Solamuthu. S v. The State Express Transport Corporation (Tamil Nadu) Limited

2023-08-14Honourable Mrs Justice L.Victoria Gowri4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 14.08.2023

CORAM

THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI S.Solamuthu ... Petitioner Vs The State Express Transport Corporation (Tamil Nadu) Limited, Rep by its Managing Director, Pallavan Salai, Chennai.

... Respondent Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondent to pay the petitioner interest at the rate of 6 % per annum, for the belated payment of petitioners terminal benefits, including Provident Fund, Gratuity and Leave Salary from the date of his retirement 31.07.2022 to 23.05.2023 to the date on which the said benefits were settled to him.

For Petitioner : Mr.A. Rahul For Respondent : Mr.K.Senthilkumar Standing Counsel 1/4

ORDER

The present writ petition has been filed seeking a direction to the respondent to pay the petitioner interest at the rate of 6 percent per annum, for the belated payment of petitioners terminal benefits including Provident Fund, Gratuity and Leave Salary from the date of his retirement 31.07.2022 to 23.05.2023 the date on which the said benefits were settled to him

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 06.07.1991. He retired from service on 31.07.2022.

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 2/4

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 including Provident Fund, Gratuity and 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.

14.08.2023 NCC : Yes / No Index : Yes / No Internet : Yes PNM To The Managing Director, The State Express Transport Corporation (Tamil Nadu) Limited, Pallavan Salai, Chennai.

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L.VICTORIA GOWRI, J.

PNM ORDER IN 14.08.2023 4/4