Kothandaraman .R v. The Tamil Nadu State Transport

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 23.09.2022

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN R.Kothandaraman ... Petitioner Vs 1.Tamil Nadu State Transport Corporation (Madurai) Ltd., Represented by its Managing Director, Madurai.

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

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 interest at the rate of 6% per annum for the belated payment of petitioner's pension and terminal benefits including Provident Fun, Gratuity, Commuted value of Pension and Terminal Leave Salary from the date of his retirement to till the date on which the said benefits were settled to him. 1/4

For Petitioner : Mr.A.Rahul For Respondents : Mr.S.Ramachandra Pradeep, Standing Counsel for R1 & R2.

Mr.S.C.Herold Singh, Standing Counsel for R3.

ORDER

Heard the learned counsel on either side.

2.The writ petitioner joined the respondent corporation as Driver in the year 1992. He retired from service on 31.05.2018. The retirement benefits were settled only on 21.09.2019. It has been held that for belated payment of the terminal benefits, the corporation employee is entitled to interest. 3.I, therefore, direct the respondents to pay interest at the rate of 6% per annum for the belated payment. The interest should be calculated at the rate of 6 % from petitioner's date of retirement and till date of actual disbursement. This amount shall be paid within a period of twelve weeks from the date of receipt of a copy of this order.

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4.The writ petition is allowed accordingly. No costs. 23.09.2022 Index : Yes / No Internet : Yes/ No ias 3/4

G.R.SWAMINATHAN, J.

ias 23.09.2022 4/4