Madras High Court
G.Veerappan vs The Managing Director on 7 December, 2023
Author: R.Vijayakumar
Bench: R.Vijayakumar
W.P(MD)No.28883 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 07.12.2023
CORAM
THE HON'BLE MR.JUSTICE R.VIJAYAKUMAR
W.P(MD)No.28883 of 2023
G.Veerappan ... Petitioner
Vs.
1.The Managing Director,
The Tamil Nadu State Transport
Corporation (KMB) Ltd.,
New Railway Station Road,
Kumbakonam-612 001.
2.The General Manager,
The Tamil Nadu State Transport
Corporation (KMB) Ltd.,
Pudukkottai Region,
Pillai Thanneer Panthal,
Pudukkottai-622 001. ... Respondents
PRAYER : Writ Petition filed under Article 226 of the Constitution of
India, praying this Court to issue a Writ of Mandamus, direct the
respondents to disburse interest at the rate of 6% for the belated payment
of retirement benefits provident fund, gratuity and leave salary based on
the petitioner's representation dated 19.07.2023.
For Petitioner : Mr.K.Gokul
1/5
https://www.mhc.tn.gov.in/judis
W.P(MD)No.28883 of 2023
For Respondents : Mr.K.Jagadees Balan
Standing Counsel
ORDER
The present writ petition has been filed by a Junior Engineer of the
respondent Transport Corporation who attained superannuation on
31.08.2018 seeking interest for the belated disbursment of his terminal
benefits.
2. According to the learned counsel appearing for the writ
petitioner, the petitioner had earlier filed W.P(MD)No.178 of 2019
seeking disbursement of the terminal benefits along with interest. The
said writ petition was allowed on 04.01.2019 with a direction to the
respondent Transport Corporation to disburse the terminal benefits with
6% interest. After the orders of this Court in W.P(MD)No.178 of 2019,
the terminal benefits were disbursed only on 10.01.2020. Hence, the
present writ petition.
3. The order passed by this Court in W.P(MD)No.178 of 2019,
dated 04.01.2019 Paragraph No.7 is extracted as follows:
https://www.mhc.tn.gov.in/judis
7.The learned Standing Counsel appearing for the
respondents would point out that this Court has given relief to
the similarly placed person in W.P.(MD)No.24572 of 2018 and
directed the respondents to pay the amounts, which are in
arrears to be paid to the petitioner in tweleve equal monthly
installments. Therefore, these petitioners are also entitled for
the same relief.
“(i)A direction is issued to the transport corporation to
settle the terminal benefits of the petitioners that are yet to be
settled, in twelve equal monthly installments.
(ii)The first installment shall commence by making
payment on or before the 10 th February, 2019 and the amount
in each of the remaining installments shall be paid on or before
10 th of every succeeding month;
(iii)The said terminal amount shall carry interest at the
rate of 6% per annum, as per the Division Bench Judgment in
W.A.(MD)Nos.383 to 457 of 2015, dated 12.06.2015. In case of
delay in making installments, the interest payable could be 18%
for the delayed period;
(iv)The aforesaid direction to settle the terminal benefits
would not preclude the workman to question the computation of
any of the terminal benefits, if the same is paid lesser than the
amount to which, they are entitled to receive. Likewise, if the
petitioners have any grievance that they are entitled to interest
for the amount already settled, they can agitate the same as per
law, if they are entitled.”
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4. In view of the orders of this Court, there shall be a direction to
the respondents herein to comply with the above said order in letter and
spirit within a period of twelve (12) weeks from the date of receipt of
copy of this order.
5. With the above said observations, this Writ Petition stands
disposed of. No costs.
07.12.2023
NCC : Yes / No
Index : Yes / No
Internet : Yes / No
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To
1.The Managing Director,
The Tamil Nadu State Transport
Corporation (KMB) Ltd.,
New Railway Station Road,
Kumbakonam-612 001.
2.The General Manager,
The Tamil Nadu State Transport
Corporation (KMB) Ltd.,
Pudukkottai Region,
Pillai Thanneer Panthal,
Pudukkottai-622 001.
https://www.mhc.tn.gov.in/judis
R.VIJAYAKUMAR,J.
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Order made in
Dated:
07.12.2023
https://www.mhc.tn.gov.in/judis
