Maria Joseph. V v. The Tamil Nadu State Transport Corporation (Kumbakonam) Ltd.,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 30.11.2022

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN V.Maria Joseph ... Petitioner Vs.

1.The Tamil Nadu State Transport Corporation (Kumbakonam) Ltd., Represented by its Managing Director, Kumbakonam.

2.The General Manager, The Tamil Nadu State Transport Corporation (Kumbakonam) Ltd., Karaikudi Region, Karaikudi.

3.The Administrator, Tamil Nadu State Transport Corporation, Thiruvalluvar Illam, Pallavan Salai, Chennai-02.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, to direct the respondents to settle terminal benefits of the petitioner including Provident Fund, Gratuity, Leave Salary and Commuted Value of Pension together with interest at the rate of 6 % per annum, from the date of his retirement to till the date on which the said benefits are settled to him.

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For Petitioner : Mr.A.Rahul For R1 & R2 : Mr.K.Jagadees Balan Standing Counsel For R3 : Mr.S.C.Herold Singh

ORDER

Heard the learned counsel on either side.

2. The petitioner joined the respondent Corporation as Driver in the year 1998. Due to ill-health, he asked for voluntary retirement on 30.11.2021. His grievance is that his terminal benefits are yet to be settled. The petitioner has stated in his affidavit that this Writ Petition was filed on 20.10.2022. He stated that his daughter's marriage was to be held on 30.10.2022. But on account of want of funds, the marriage could not be then celebrated. The petitioner had to resort to private borrowings to solemnize the daughter's marriage.

3. All that the petitioner wants is settlement of the petition mentioned benefits. No exception can be taken to the said request. When the petitioner has served the corporation for more than 23 years and he was allowed to retire, his terminal and retiral benefits cannot be withhold. 2/4

4. The respondents are directed to disburse the same within a period of twelve weeks from the date of receipt of a copy of this order. It will also carry interest at the rate of 6% per annum.

5. The Writ Petition is allowed. No costs.

30.11.2022 Index : Yes / No Internet : Yes/ No rmi 3/4

G.R.SWAMINATHAN, J.

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