S. Aiyappan (Edp No.7448) v. The Tamil Nadu State Transport Corporation (Tirunelveli) Ltd

ORDER The present writ petition has been filed seeking direction to the respondents to pay interest at the rate of 12% per annum, for the period of delay from the petitioner's date of retirement (31.05.2022) to till the date of reimbursement (31.05.2023) of amount paid towards the petitioner's terminal and pension benefits namely EPF Employee's Contribution, Gratuity and Encashment of Earned/Sick Leave and other monetary benefits etc., within a time frame as may be fixed by this Court, without affecting the petitioner's right to claim balance amount towards those benefits.

¶2Heard the learned counsel on either side.

¶3The petitioner was employed as Driver by the respondent corporation on 15.05.1990. He retired from service as Non ITI Helper 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.

06.07.2023 NCC : Yes/No Index : Yes / No Internet : Yes ps To

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

2.The Tamil Nadu State Transport Corporation (Tirunelveli) Limited, Represented by its General Manager, Nagercoil Region, Ranithottam, Tirunelveli.

L.VICTORIA GOWRI, J. ps W.P.(MD)No.16335 of 2023

06.07.2023

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 06.07.2023 CORAM: THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI W.P.(MD)No.16335 of 2023 S.Aiyappan ... Petitioner Vs. 1.The Tamil Nadu State Transport Corporation (Tirunelveli) Limited, Represented by its Managing Director, Tirunelveli Division, Kattapomman Nagar, V.M.Chathiram, Tirunelveli. 2.The Tamil Nadu State Transport Corporation (Tirunelveli) Limited, Represented by its General Manager, Nagercoil Region, Ranithottam, Tirunelveli. ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of 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 (31.05.2022) to till the date of reimbursement (31.05.2023) of amount paid towards the petitioner's terminal and pension benefits namely EPF Employee's Contribution, Gratuity and Encashment of Earned/Sick Leave and other monetary benefits etc., within a time frame as may be fixed by this Court, without affecting the petitioner's right to claim balance amount towards those benefits. For Petitioner : Mr.R.Murugan For Respondents : Mr.D.Jebaraj Standing Counsel