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Madras High CourtWP(MD)/25238/2023disposed of

P.Gunasekaran v. The Tamil Nadu State Transport Corporation (Kumbakonam) Ltd.,

2023-10-18Honourable Mr Justice R.Vijayakumar5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 18.10.2023

CORAM:

THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR W.P(MD)No.25238 of 2023 P.Gunasekaran ... Petitioner Vs.

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

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

... 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 settle voluntary retirement compensation of Rs.63,542/- with interest at the rate of 6% per annum to the petitioner and further directing the respondents to pay him interest at 6% per annum for the belated payment of his terminal benefits including Provident Fund Gratuity, Cholan Employees Security Scheme amount and Commuted value of Pension payable from the date of his retirement to till the date on which the said benefits were settled to him. 1/5

For Petitioner : Mr.A.Rahul For Respondents : Mr.K.Ramaiah Standing Counsel

O R D E R

The present Writ Petition has been filed by a Special Grade Driver, who retired under Voluntary Retirement on 31.12.2018.

2. In the writ petition, the writ petitioner has prayed for payment of voluntary retirement compensation of Rs.63,542/- (Rupees Sixty Three Thousand Five Hundred and Forty Two only) along with interest and had claimed interest for the belated payment of the terminal benefits.

3. The Management has calculated the voluntary retirement compensation at Rs.63,542/- (Rupees Sixty Three Thousand Five Hundred and Forty Two only) at the time of his voluntary retirement. However, the said amount has not been paid so far. Therefore, the second respondent herein is directed to pay a sum of Rs.63,542/- (Rupees Sixty Three Thousand Five Hundred and Forty Two only) with interest at the rate of 6% per annum from 2/5

01.01.2019 till the date of realization. The said exercise shall be completed within a period of eight weeks from the date of receipt of a copy of this order.

4. As far as the terminal benefits are concerned, the petitioner had gone on voluntary retirement on 31.12.2018, and the terminal benefits were already released on 20.09.2019.

5. In view of the above said facts, the second respondent is directed to pay interest for the belated payment of the terminal benefits from 01.01.2019 till 20.09.2019 at the rate of 6% per annum. The said order shall be complied within a period of eight weeks from the date of receipt of a copy of this order.

6. Accordingly, this Writ Petition stands disposed of on the above said terms. There shall be no order as to costs.

18.10.2023 NCC : Yes/No Index : Yes / No Internet : Yes / No ebsi 3/5

To

1. The Managing Director, Tamil Nadu State Transport Corporation (Kumbakonam) Limited, Kumbakonam.

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

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R.VIJAYAKUMAR,J.

ebsi W.P(MD)No.25238 of 2023 18.10.2023 5/5