Madras High CourtWP(MD)/20764/2023disposed of

C.Peter Dominic v. The Management Of

2023-08-25Honourable Mrs Justice L.Victoria Gowri4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 25.08.2023

CORAM

THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI C.Peter Dominic ... Petitioner Vs The Management of State Transport Corporation (Thirunelveli) Ltd., Nagercoil Region, Rep. by its Managing Director, Nagercoil.

... 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 percent per annum, for the period of delay from 01.06.22 to 30.05.23, in paying the amounts paid towards his terminal benefits namely EPF Employees Contribution, Gratuity and Encashment of Leaves, within a time frame as may be fixed by this Court. For Petitioner : Mr.S.Arunachalam For Respondent : Mr.K.Ramaiah 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 period of from 01.06.22 to 30.05.23, in paying the amounts paid towards his terminal benefits namely EPF Employees Contribution, Gratuity and Encashment of Leaves, within a time frame as may be fixed by this Court.

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 Junior Assistant by the respondent Corporation on 08.04.1987. He retired from service on 31.05.2022.

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 namely EPF Employees Contribution, Gratuity and Encashment of Leaves for the period from 01.06.2022 to 30.05.2023. 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.

25.08.2023 NCC : Yes / No Index : Yes / No Internet : Yes PNM To The Managing Director, The Management of State Transport Corporation (Thirunelveli) Ltd., Nagercoil Region, Nagercoil.

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L.VICTORIA GOWRI, J.

PNM ORDER IN 25.08.2023 4/4