Ramasamy A v. The Managing Director

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 23.08.2023

CORAM

THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI A.Ramasamy ... Petitioner Vs

1. The Managing Director, Tamil Nadu State Transport Corporation (KMB) Ltd., New Railway Station Road, Kumbakonam-612 001.

2. The General Manager, Tamil Nadu State Transport Corporation (KMB) Ltd., Karaikudi Region, Mardhupathi, Managiri Post, Karaikudi, Sivagangai District.

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 1/5

disburse interest at the rate of 6 % for the belated payment of retirement benefits Gratuity, Provident Fund, Leave Salary and Commutation. For Petitioner : Mr.K.Gokul For Respondents : Mr.K.Ramaiah (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 disburse interest at the rate of 6 percentage for the belated payment of retirement benefits Gratuity, Provident Fund, Leave Salary and Commutation.

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 01.06.1995. He retired from service on 31.05.2022. 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 Gratuity, Provident Fund, Leave Salary and Commutation. 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.

23.08.2023 NCC : Yes / No Index : Yes / No Internet : Yes PNM 3/5

To

1. The Managing Director, Tamil Nadu State Transport Corporation (KMB) Ltd., New Railway Station Road, Kumbakonam-612 001.

2. The General Manager, Tamil Nadu State Transport Corporation (KMB) Ltd., Karaikudi Region, Mardhupathi, Managiri Post, Karaikudi, Sivagangai District.

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 23.08.2023 5/5