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Madras High CourtWP(MD)/20459/2023disposed of

R.Selvarengan v. Tamil Nadu State Transport Corporation (Kumbakonam) Limited,

2023-08-23Honourable Mrs Justice L.Victoria Gowri5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 23.08.2023

CORAM

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

1. The Tamil Nadu State Transport Corporation (Kumbakonam) Limited, Rep by its Managing Director, Kumbakonam.

2. The General Manager, The Tamil Nadu State Transport Corporation (Kumbakonam) Limited Pudukkottai Region, Pudukkottai.

3. The Administrator, The Tamil Nadu State 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 percentage per annum, for the belated payment of petitioner's terminal benefits including Provident Fund, Gratuity and commuted value of pension from the date of his retirement i.e from 31.10.2021 to 27.03.2023 the date on which the said benefits were settled to him. 1/5

For Petitioner : Mr.A.Rahul 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 a direction to the respondents to settle interest at the rate of 6 percentage per annum, for the belated payment of petitioner's terminal benefits including Provident Fund, Gratuity and commuted value of pension from the date of his retirement i.e from 31.10.2021 to 27.03.2023, 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 01.05.1995. He retired from service on 31.10.2021. 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 including Provident Fund, Gratuity and commuted value of pension from 31.10.2021 to 27.03.2023. 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, The Tamil Nadu State Transport Corporation (Kumbakonam) Limited Kumbakonam.

2. The General Manager, The Tamil Nadu State Transport Corporation (Kumbakonam) Limited Pudukkottai Region, Pudukkottai.

3. The Administrator, The Tamil Nadu State Corporation Employees Pension Fund Trust, Thiruvalluvar Illam, Pallavan Salai, Chennai-02.

4/5

L.VICTORIA GOWRI, J.

PNM ORDER IN 23.08.2023 5/5