John Arulraj.S v. The Tamil Nadu State Transport Corporation (Kumbakonam) Limited

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 30.08.2023

CORAM

THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI S.John Arulraj ... Petitioner Vs.

1.The Tamil Nadu State Transport Represented by its Managing Director, Kumbakonam.

2.The General Manager, Tamil Nadu State Transport Kumbakonam Region, Kumbakonam-612 001.

3.The General Manager, Nagapattinam Region, Nagapattinam.

4.The Chief Financial Advisor,, Kumbakonam-612 001.

... 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

pay interest at the rate of 18% per annum for the belated payment of retirement benefits including Gratuity, Provident Fund and Leave encashment amount within the time limit that may be fixed by this Court. For Petitioner : Mr.D.Sivaraman For R1 - R3 : Mr.K.Ramaiah Standing Counsel For R4 : No Appearance

ORDER

The present writ petition has been filed seeking direction to the respondents to pay interest at the rate of 18% per annum for the belated payment of retirement benefits including Gratuity, Provident Fund and Leave encashment amount within the time limit that may be fixed by this Court.

2. Heard the learned counsel on either side.

3. The petitioner was employed as Driver by the respondent corporation on 20.07.1995. 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 is disposed of by directing the respondent management to pay interest at the rate of 6% per annum for belated settlement of petitioner's terminal benefits. This shall be done within a period of twelve (12) weeks from the date of receipt of a copy of this order. No costs. 30.08.2023 NCC : Yes / No Index : Yes / No Internet : Yes/ No gbg To 1.The Managing Director, Kumbakonam.

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2.The General Manager, Tamil Nadu State Transport Kumbakonam Region, Kumbakonam-612 001.

3.The General Manager, Nagapattinam Region, Nagapattinam.

4.The Chief Financial Advisor,, Kumbakonam-612 001.

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L.VICTORIA GOWRI, J.

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