M.Asai Thambi v. The Managing Director

ORDER The present writ petition has been filed seeking direction to respondents to pay interest at the rate of 6% per annum to the petitioner for the belated payment of Gratuity, Provident Fund, Leave Salary and Pension commutation from the date of retirement to the date of actual payment within a time frame as may be fixed by this Court.

¶2Heard the learned counsel on either side.

¶3The petitioner was employed as Conductor by the respondent corporation on 01.12.1987. He retired from service on 31.05.2022.

¶4It is admitted that his 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.

¶5The 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).

¶6In view of the above, this Writ Petition is allowed by directing the respondent management to pay interest at the rate of 6% per annum for belated settlement of petitioner's terminal benefits. This shall be done within a period of twelve (12) weeks from the date of receipt of a copy of this order. No costs.

05.07.2023 NCC : Yes / No Index : Yes / No Internet : Yes/ No gbg To

1.The Managing Director, The Tamil Nadu State Transport Corporation (Madurai) Ltd., Byepass Road, Madurai-625 010.

2.The Administrator, The Tamil Nadu State Transport Corporation Employees Pension Trust, Thiruvalluvar Illam, Pallavan Salai, Chennai-600 002.

L.VICTORIA GOWRI, J.

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05.07.2023

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 05.07.2023 CORAM THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI M.Asai Thambi ... Petitioner Vs. 1.The Managing Director, The Tamil Nadu State Transport Corporation (Madurai) Ltd., Byepass Road, Madurai-625 010. 2.The Administrator, The Tamil Nadu State Transport Corporation Employees Pension Trust, Thiruvalluvar Illam, Pallavan 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 interest at the rate of 6% per annum to the petitioner for the belated payment of Gratuity, Provident Fund, Leave Salary and Pension commutation from the date of retirement to the date of actual payment within a time frame as may be fixed by this Court. For Petitioner : M/s.D.Ramya For R1 : Mr.Gladson Michael Rajadurai For R2 & R3 : Mr.S.C.Herold Singh Standing Counsel