Madras High CourtWP(MD)/23426/2023disposed of

Duraikannan.K v. Tamil Nadu State Transport Corporation Ltd.,

2023-09-27Honourable Mrs Justice L.Victoria Gowri4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 27.09.2023

CORAM

THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI K.Duraikannan ... Petitioner Vs.

1.The Tamil Nadu State Transport Corporation Limited, Represented by its Managing Director, Madurai Division, Bye Pass Road, Madurai-625 016.

2.The General Manager, Tamil Nadu State Transport Corporation Limited, Dindigul Region, Chettinaykkanpatti Post, Dindigul-624 004.

... 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 6% interest amount of Rs.49,478/- to the petitioner for the belated payment of Service Surrender Leave Salary amount of Rs.1,41,842/- from the date of retirement i.e on 30.04.2017 to till the date of actual payment made to the petitioner i.e on 21.02.2023 and all other attendant benefits to him. For Petitioner : Mr.A.K.Thangavelu For Respondents : Mr.K.Ramaiah Standing Counsel 1/4

ORDER

The present writ petition has been filed seeking direction to the respondents to pay 6% interest amount of Rs.49,478/- to the petitioner for the belated payment of Service Surrender Leave Salary amount of Rs.1,41,842/- from the date of retirement i.e on 30.04.2017 to till the date of actual payment made to the petitioner i.e on 21.02.2023 and all other attendant benefits to him.

2. By consent of both parties, this Writ Petition is taken up for final disposal at the stage of admission itself.

3. The petitioner was employed as Junior Assistant by the respondent Corporation on 07.06.1980. He retired from service on 30.04.2017.

4. It is admitted that the petitioner's 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. 2/4

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 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. 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.

27.09.2023 NCC : Yes / No Index : Yes / No Internet : Yes BTR To 1.The Managing Director, The Tamil Nadu State Transport Corporation Limited, Madurai Division, Bye Pass Road, Madurai-625 016.

2.The General Manager, Tamil Nadu State Transport Corporation Limited, Dindigul Region, Chettinaykkanpatti Post, Dindigul-624 004.

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L.VICTORIA GOWRI, J.

BTR 27.09.2023 4/4