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Madras High CourtWP(MD)/25685/2022allowed

Thankappan.A v. The Tamil Nadu State Transport Corporation (Tirunelveli ) Ltd.,

2022-11-11Honourable Mr Justice G.R.Swaminathan4 pages

1 W.P.(MD)NO.25685 OF 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11.11.2022

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.25685 of 2022 A.Thankappan ... Petitioner Vs.

1. The Tamil Nadu State Transport Corporation (Tirunelveli) Ltd., Tirunelveli Division, Rep. By its Managing Director, Kattapomman Nagar, V.M.Chathiram, Tirunelveli.

2. The Tamil Nadu State Transport Corporation (Tirunelveli) Ltd., Nagercoil Region, Rep. By its General Manager, Ranithottam, Nagercoil.

... Respondents Prayer: Writ petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents to pay interest at the rate of 12% per annum, for the period of delay from the petitioner's date of retirement (31.10.2019) till the date of reimbursement (25.01.2021) of amount paid towards the petitioner's terminal and pension benefits, namely, EPF Employee's Contribution, Gratuity and Encashment of Earned/ Sick leave within a time frame as may be fixed by this Court without affecting the petitioner's right to claim balance amounts towards those benefits. 1/4

2 W.P.(MD)NO.25685 OF 2022 For Petitioner : Mr.R.Murugan For Respondents: Mr.D.Jebaraj, Standing Counsel.

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O R D E R

Heard the learned counsel on either side.

2. The petitioner worked as Special Grade Conductor in the respondent Corporation. He retired on 31.10.2019. However, his terminal benefits were settled only on 25.01.2021.

3.It is well settled that for such belated settlement, the retired employee is entitled to interest. I, therefore, direct the respondent Corporation to pay the interest to the writ petitioner computed at the rate of 6% per annum on the belated disbursement from the date of retirement till date of settlement. The interest amount shall be paid within a period of twelve weeks from the date of receipt of a copy of this order.

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3 W.P.(MD)NO.25685 OF 2022 4.This writ petition is allowed accordingly. No costs. 11.11.2022 Index : Yes / No Internet : Yes/ No PMU To:

1. The Managing Director, Tamil Nadu State Transport Corporation (Tirunelveli) Ltd., Tirunelveli Division, Kattapomman Nagar, V.M.Chathiram, Tirunelveli.

2. The General Manager, Tamil Nadu State Transport Corporation (Tirunelveli) Ltd., Nagercoil Region, Ranithottam, Nagercoil.

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4 W.P.(MD)NO.25685 OF 2022 G.R.SWAMINATHAN,J.

PMU W.P.(MD)No.25685 of 2022 11.11.2022 4/4