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Madras High CourtWP(MD)/24503/2022allowed

Ponnaiah C v. The Managing Director

2022-10-28Honourable Mr Justice G.R.Swaminathan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 28.10.2022

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN C.Ponnaiah ... Petitioner Vs 1.The Managing Director, Tamil Nadu State Transport Corporation (Tirunelveli) Limited, 23/2, Thoothukudi Road, Kattabomman Nagar, Tirunelveli District - 627 007.

2.The General Manager, Tamil Nadu State Transport Corporation (Tirunelveli) Limited, Tirunelveli Region, Tirunelveli District - 627 007.

3.The Administrator, Tamil Nadu State Transport Corporation Employees Pensions Fund Trust, Tiruvalluvar Illam, Pallavan Salai, Chennai - 2.

... Respondents 1/4

Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents to disburse interest at the rate of 6 percent for the belated payment of retirement benefits, Gratuity, Provident Fund, Leave Salary and Commutation. For Petitioner : Mr.K.Gokul For Respondents : Mr.D.Jebaraj Panel Counsel (TNSTC) for R.1 & R.2 Mr.S.C.Herold Singh for R.3

ORDER

Heard the learned counsel on either side.

2. The writ petitioner joined the respondent Corporation as Conductor. He retired on 29.02.2020. However, his terminal benefits were settled only on 02.06.2021. It is well settled that for such belated settlement, the retired employee is entitled to interest. I, therefore, direct the respondent Corporation to pay the interest to the writ petitioner computed at the rate of 6% per annum on the belated disbursement from the date of retirement till date of settlement. The interest amount shall be paid within a period of twelve weeks from the date of receipt of a copy of this order.

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3. This writ petition is allowed. No costs.

28.10.2022 Index : Yes / No Internet : Yes/ No mga To 1.The Managing Director, Tamil Nadu State Transport Corporation (Tirunelveli) Limited, 23/2, Thoothukudi Road, Kattabomman Nagar, Tirunelveli District - 627 007.

2.The General Manager, Tamil Nadu State Transport Corporation (Tirunelveli) Limited, Tirunelveli Region, Tirunelveli District - 627 007.

3.The Administrator, Tamil Nadu State Transport Corporation Employees Pensions Fund Trust, Tiruvalluvar Illam, Pallavan Salai, Chennai - 2.

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G.R.SWAMINATHAN, J.

mga 28.10.2022 4/4