V.Krishnan Kutty (Edp No.T2c940055) v. The Tamil Nadu State Transport Corporation (Tirunelveli) Ltd

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 30.11.2023

CORAM

THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR V.Krishnan Kutty ... Petitioner Vs.

1.The Tamil Nadu State Transport Corporation (Tirunelveli) Limited, Tirunelveli Division, Represented by its Managing Director, Kattapomman Nagar, V.M.Chathiram, Tirunelveli.

2.The Tamil Nadu State Transport Corporation (Tirunelveli) Limited, Nagercoil Region, Represented by its General Manager, Ranithottam, Nagercoil.

... 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 pay interest at the rate of 12% per annum, for the period of delay from the petitioner's date of retirement (31.05.2022) to till the date of reimbursement (31.05.2022) of amount paid towards the petitioner's terminal and pension benefits namely EPF Employee's Contribution, Gratuity and Encashment of Earned / Sick Leave and other monetary benefits etc., within a time frame as 1/4

may be fixed by this Court, without affecting the petitioner's right to claim balance amounts towards those benefits.

For Petitioner : Mr.S.Vashik Ali For Respondents : Mr.D.Jebaraj Standing Counsel

ORDER

The present writ petition has been filed by a Special Grade Conductor of the respondent Transport Corporation, who attained superannuation on 31.05.2022.

2. According to the learned Counsel appearing for the writ petitioner, the retirement benefits were conferred upon the writ petitioner only on 31.05.2023. Hence, he has sent a representation on 26.08.2023 seeking interest for the belated disbursement of the terminal benefits. Since the said representation has not been considered, the present writ petition has been filed.

3. Considering the above said facts, the second respondent herein is directed to pay 6% interest from the due date till 30.05.2023 at the rate of 6% interest to the writ petitioner within a period of twelve (12) weeks from the date of receipt of a copy of this order.

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4. With the above said direction, this writ petition stands disposed of. There shall be no order as to costs.

30.11.2023 NCC : Yes / No Index : Yes / No Internet : Yes BTR To 1.The Managing Director, The Tamil Nadu State Transport Corporation (Tirunelveli) Limited, Tirunelveli Division, Kattapomman Nagar, V.M.Chathiram, Tirunelveli.

2.The General Manager, The Tamil Nadu State Transport Corporation (Tirunelveli) Limited, Nagercoil Region, Ranithottam, Nagercoil.

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R.VIJAYAKUMAR, J.

BTR 30.11.2023 4/4