Thangavel.R v. The Managing Director

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :11.09.2023

CORAM

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

1.The Managing Director, The Tamil Nadu State Transport Corporation (Coimbatore) Ltd., No.37, Mettupalayam Road, Coimbatore-641 043.

2.The General Manager, The Tamil Nadu State Transport Corporation (Coimbatore) Ltd., Erode Zonal, No.45, Sennimalai Road, Erode-638 001.

... 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 pay 9% interest on the belated payment of the petitioner's voluntarily retirement benefits from the date of the retirement on 30.09.2020 to 01.12.2022 on the basis of the petitioner's representation, dated 04.09.2023. For Petitioner : Mr.S.Royce Immanuel 1/4

For Respondents : Mr.K.Jegadeesh Balan Standing Counsel

ORDER

The present writ petition has been filed seeking direction to the respondents to pay 9% interest on the belated payment of the petitioner's voluntarily retirement benefits from the date of the retirement on 30.09.2020 to 01.12.2022 on the basis of the petitioner's representation, dated 04.09.2023.

2. Heard the learned counsel on either side.

3. The petitioner was employed as Junior Tradesman by the respondent corporation on 16.10.1981. He voluntarily retired from service on 30.09.2020.

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). 2/4

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 by considering the representation of the petitioner, dated 04.09.2023. This shall be done within a period of twelve

(12) weeks from the date of receipt of a copy of this order. No costs. 11.09.2023 NCC : Yes / No Index : Yes / No Internet : Yes/ No gbg To 1.The Managing Director, The Tamil Nadu State Transport Corporation (Coimbatore) Ltd., No.37, Mettupalayam Road, Coimbatore-641 043.

2.The General Manager, The Tamil Nadu State Transport Corporation (Coimbatore) Ltd., Erode Zonal, No.45, Sennimalai Road, Erode-638 001.

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L.VICTORIA GOWRI, J.

gbg 11.09.2023 4/4