Madras High CourtWP(MD)/22824/2023disposed of

Babu.R v. The Managing Director

2023-09-20Honourable Mrs Justice L.Victoria Gowri5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 20.09.2023

CORAM

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

1.The Managing Director, 2.The Finance Advisor & Chief Accounts Officer, 3.The Administrator, TNSTC Employees Pension Fund Trust, SETC (TN) Ltd, No.2, Pallavan Salai, ... 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 interest at the rate of 6% as per court direction for belated payment of terminal benefits amount of Gratuity, Provident Fund, Commutation and Leave 1/5

Salary for a period of more than 13 months from 01.05.2020 to 31.05.2021 to the petitioner.

For Petitioner : Mr.K.Gokul For R1 & R2 : Mr.K.Senthil Kumaran Standing Counsel For R3 : Mr.S.C.Herold Singh Standing Counsel

ORDER

The present writ petition has been filed seeking direction to the respondents to settle interest at the rate of 6% as per court direction for belated payment of terminal benefits amount of Gratuity, Provident Fund, Commutation and Leave Salary for a period of more than 13 months from 01.05.2020 to 31.05.2021 to the petitioner.

2. Heard the learned counsel on either side.

3. The petitioner was employed as Driver by the respondent corporation. He retired from service on 30.04.2020.

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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. 20.09.2023 NCC : Yes / No Index : Yes / No Internet : Yes/ No gbg To 1.The Managing Director, 3/5

2.The Finance Advisor & Chief Accounts Officer, 3.The Administrator, TNSTC Employees Pension Fund Trust, SETC (TN) Ltd, No.2, Pallavan Salai, 4/5

L.VICTORIA GOWRI, J.

gbg 20.09.2023 5/5