Segar.P v. The Tamil Nadu State Transport Corporation (Tirunelveli) Ltd

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 18.11.2022

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN P.Segar ... Petitioner Vs.

1.The Tamil Nadu State Transport Corporation (Tirunelveli) Ltd., Tirunelveli Division, Rep. by its Managing Director, Kattapommannagar, 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 filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, to direct the Respondents to pay interest at the rate of 12 percent per annum, for the period of delay from the petitioners date of retirement (31.01.2018) to till the date of reimbursement (02.11.2018) of amount paid towards the petitioner's terminal and pension benefits namely EPF Employees 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. 1/3

For Petitioner : Mr.S.Vashik Ali for Mr.R.Murugan For R1 & R2 : Mr.D.Jebaraj

ORDER

Heard the learned counsel on either side.

2. The writ petitioner joined the respondent corporation as Driver in the year 1997. He retired from service on 31.01.2018. His terminal benefits were disbursed only on 02.11.2018. On such belated disbursement, the petitioner is entitled to 6%.

3. Therefore, the respondent is directed to pay interest to the writ petitioner at the rate of 6% per annum for the delay period from 31.01.2018 to 02.11.2018. This amount shall be paid within a period of three months from the date of receipt of a copy of this order.

4. The Writ Petition is allowed on these terms. No costs. 18.11.2022 Index : Yes / No Internet : Yes/ No rmi 2/3

G.R.SWAMINATHAN, J.

rmi 18.11.2022 3/3