Madras High Court
V.Krishnan vs The General Manager on 22 December, 2022
W.P.(MD)No.28772 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 22.12.2022
CORAM
THE HONOURABLE MR.JUSTICE M.DHANDAPANI
W.P.(MD)No.28772 of 2022
V.Krishnan ... Petitioner
Vs.
1. The General Manager,
Tamil Nadu State Transport Corporation (Madurai) Limited,
Dindigul Region,
Madurai.
2. The Administrator,
Tamil Nadu State Transport Corporation
Employees Pension Fund Trust,
Tiruvalluvar Illam, Pallavan Salai,
Chennai 600 002. ... Respondents
PRAYER : Petition filed under Article 226 of the Constitution of India
praying for issuance of Writ of Mandamus, directing the respondents to pay
interest at the rate of 6% per annum, for the period of delay from 30.09.2020
to 01.12.2022 in paying the amounts paid towards the terminal benefits.
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W.P.(MD)No.28772 of 2022
For Petitioner : Mr.G.M.Xavier
For Respondents : Mr.Ramachandra Pradeep - for R1
Mr.S.C.Herold Singh - for R2
ORDER
This writ petition has been filed to direct the respondents to pay
interest at the rate of 6% per annum, for the period of delay from 30.09.2020
to 01.12.2022 in paying the amounts paid towards the terminal benefits.
2. The learned counsel for the petitioner submitted that the
petitioner joined as Driver in the Tamil Nadu State Transport Corporation
(Madurai) Limited on 08.03.1999 and he rendered 21 years of unblemished
service. Thereafter, he retired from service as Speical Grade Driver on
30.09.2020. The petitioner was not paid with the terminal benefits
immediately after retirement. However, the petitioner paid with terminal
benefits only on 01.12.2022. Thereafter, the petitioner sent a representation,
dated 07.12.2022 to the respondents, requesting to pay the interest amount
towards the belated payment of the above said terminal benefits and the
same was not considered. Hence, the present writ petition is filed.
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https://www.mhc.tn.gov.in/judis
W.P.(MD)No.28772 of 2022
3. The learned counsel for the petitioner further submitted that the
Division Bench of this Court passed a judgment in W.A.(MD) No.403 of
2010 dated 18.03.2014 and W.A.(MD) No.1419 of 2021 dated 26.07.2021
issued a direction to pay 6% interest to the belated payment. In the present
case, the petitioner received the terminal benefits only after a period two
year and three months and hence, he is entitled for appropriate orders.
4. The learned Standing Counsel appearing for the respondent
Corporation submitted that this Court in similar type of writ petitions only
awarded 4% interest for the belated payment of terminal benefits and hence,
this Court may issue direction to pay interest at the rate of 4% per annum for
the belated payment of terminal benefits.
5. In view of the above, the respondent Corporation is directed to
pay 4% interest for the belated payment of terminal benefits within a period
of six weeks from the date of receipt of a copy of this order.
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https://www.mhc.tn.gov.in/judis
W.P.(MD)No.28772 of 2022
6. With the above direction, this writ petition is disposed of. No
costs.
22.12.2022
Index : Yes / No
Speaking Order : Yes / No
RM
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https://www.mhc.tn.gov.in/judis
W.P.(MD)No.28772 of 2022
To
1. The General Manager,
Tamil Nadu State Transport Corporation (Madurai) Limited,
Dindigul Region,
Madurai.
2. The Administrator,
Tamil Nadu State Transport Corporation
Employees Pension Fund Trust,
Tiruvalluvar Illam,
Pallavan Salai,
Chennai 600 002.
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https://www.mhc.tn.gov.in/judis
W.P.(MD)No.28772 of 2022
M.DHANDAPANI,J.
RM
W.P.(MD)No.28772 of 2022
22.12.2022
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https://www.mhc.tn.gov.in/judis
