Muthu. R (Staff No. Cr 08814) v. The Tamil Nadu State Transport Corporation

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 29.09.2023

CORAM

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

1.The Tamil Nadu State Transport Corporation (Madurai) Limited, Represented by its Managing Director, Bye-Pass Road, Madurai-625 010.

2.The Administrator, Tamil Nadu State Transport Corporation Employees' Pension Fund Trust, Thiruvalluvar House, Anna Salai, Chennai-600 002.

... 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 the interest at the rate of 18% per annum for the belated payment of retirement benefits like Provident Fund, Earned Leave Salary, Gratuity amount and Commutation and all other attendant benefits. For Petitioner : Mr.A.Balaji 1/5

For R-1 : Mr.Ramachandra Pradeep For R-2 : Mr.S.C.Herold Singh Standing Counsel

ORDER

The present writ petition has been filed seeking direction to the respondents to pay the interest at the rate of 18% per annum for the belated payment of retirement benefits like Provident Fund, Earned Leave Salary, Gratuity amount and Commutation and all other attendant benefits.

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

3. The petitioner joined the respondent Corporation on 18.02.1994. He retired from service on 30.09.2022.

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. 2/5

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 including Provident Fund, Earned Leave Salary, Gratuity amount and Commutation and all other attendant 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. 29.09.2023 NCC : Yes / No Index : Yes / No Internet : Yes BTR 3/5

To 1.The Managing Director, The Tamil Nadu State Transport Corporation (Madurai) Limited, Bye-Pass Road, Madurai-625 010.

2.The Administrator, Tamil Nadu State Transport Corporation Employees' Pension Fund Trust, Thiruvalluvar House, Anna Salai, Chennai-600 002.

4/5

L.VICTORIA GOWRI, J.

BTR 29.09.2023 5/5