Madras High CourtWP(MD)/22445/2023disposed of

Renganathan .R v. The Government Of Tamil Nadu

2023-09-15Honourable Mrs Justice L.Victoria Gowri5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 15.09.2023

CORAM

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

1. XXX

2. The Managing Director, Tamil Nadu State Transport Corporation (Kumbakonam) Limited, Kumbakonam, Thanjavur District.

3. The General Manager, Tamil Nadu State Transport Corporation (Kumbakonam) Limited, Kumbakonam, Thanjavur District.

*R1 deleted as per order of this Court, dated 15.09.2023 ... 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 settle the interest for the belated payment of retirement benefits such as Gratuity, Earned Leave, Commutation of Pension, Provident Fund and other 1/5

retirement benefits payable to the petitioner with 6 percent rate of interest within the time frame that may be stipulated by this Court. For Petitioner : Mr. N.Sudhgar Nagaraj For Respondents : Mr.N.Muthu Vijayan (R1) Special Government Pleader Mr.S.C.Herold Singh (R2 to R3) Standing Counsel

ORDER

The present writ petition has been filed seeking a direction to the respondents directing the respondents to settle the interest for the belated payment of retirement benefits such as Gratuity, Earned Leave, Commutation of Pension, Provident Fund and other retirement benefits payable to the petitioner with 6 percent rate of interest within the time frame that may be stipulated 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. Since the relief sought for by the petitioner is not against the first respondent, Mr.N.Muthu Vijayan, learned Special Government Pleader, 2/5

appearing for the first respondent prays this Court to delete the name of first respondent from the cause title. Hence, Registry is directed to remove the name of first respondent from the cause title. 4.The petitioner was employed as Conductor by the respondent Corporation. He retired from service on 31.05.2022. 5.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. 6.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).

7. 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 such as Gratuity, 3/5

Commutation of Pension, Provident Fund and other retirement benefits payable to the petitioner with 6 percent rate of interest. 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.

15.09.2023 NCC : Yes / No Index : Yes / No Internet : Yes Note: Registry is directed to issue order copy, after making necessary amendment in the cause title. PNM To

1. The Managing Director, Tamil Nadu State Transport Corporation (Kumbakonam) Limited, Kumbakonam, Thanjavur District.

2. The General Manager, Tamil Nadu State Transport Corporation (Kumbakonam) Limited, Kumbakonam, Thanjavur District.

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L.VICTORIA GOWRI, J.

PNM ORDER IN 15.09.2023 5/5