Madras High CourtWP(MD)/20313/2023disposed of

Natarajan .R v. The Managing Director

2023-08-22Honourable Mrs Justice L.Victoria Gowri4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 22.08.2023

CORAM

THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI R.Natarajan ... Petitioner Vs.

The Managing Director, Tamil Nadu State Transport Corporation (Thirunelveli) Limited, 23/2, Kattabomman Nagar, Thirunelveli-627 011.

... 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 interest at the rate of 6% per annum to the petitioner for the belated payment of Gratuity, Provident Fund and Leave Salary from the date of retirement to the date of actual payment.

For Petitioner : Mr.C.Thangamani For Respondent : Mr.K.Ramaiah Standing Counsel 1/4

ORDER

The present writ petition has been filed seeking direction to the respondent to pay interest at the rate of 6% per annum to the petitioner for the belated payment of Gratuity, Provident Fund and Leave Salary from the date of retirement to the date of actual payment.

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 Driver by the respondent Corporation on 14.04.1988. He retired from service on 30.06.2022.

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. 2/4

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 including Gratuity, Provident Fund and Leave Salary from the date of retirement to the date of actual payment. 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. 22.08.2023 NCC : Yes / No Index : Yes / No Internet : Yes BTR To The Managing Director, Tamil Nadu State Transport Corporation (Thirunelveli) Limited, 23/2, Kattabomman Nagar, Thirunelveli-627 011.

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L.VICTORIA GOWRI, J.

BTR 22.08.2023 4/4