Disposed

Palanivel. P v. The Managing Director

Madras HC15 Feb 2024WP(MD)/3361/2024

Case brief

AI extract

What is this about?

A retired transport corporation employee sought 6% interest on delayed payment of provident fund, gratuity and surrender leave salary settled about 21 months after retirement. Following an earlier decision, the court directed payment of interest at 6% per annum on the belated terminal benefits within twelve weeks.

What did the court decide?

Respondents directed to pay 6% per annum interest on belatedly settled terminal benefits within twelve weeks; no costs.

Palanivel. P Vs The Managing Director — Pension and Retirement Benefits | Madras HC (2024)

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W.P.(MD).No.3361 of 2024

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED : 15.02.2024

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CORAM

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THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI

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W.P.(MD).No.3361 of 2024

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P.Palanivel ... Petitioner

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Vs.

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1.The Managing Director, Tamil Nadu State Transport Corporation (Madurai) Ltd., Bye-Pass Road, Madurai – 16.

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2.The General Manager, TamilNadu State Transport Corporation (Madurai) Ltd., Dindigul Region, Dindigul

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3.The Administrator, Tamil Nadu State Transport Employees' Pension Fund Trust, Thiruvalluvar Illam, Anna Salai, Chennai-2. ... Respondents

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1/5 https://www.mhc.tn.gov.in/judis

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W.P.(MD).No.3361 of 2024

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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 the belated payment interest at the rate of 6% p.a on the delayed payment of retirement benefits such as Provident Fund Rs.10,97,091/-, Gratuity Rs.10,22,423/- and surrender leave salary of Rs.5,30,104/- from the date of retirement on 30.06.2021 till the date of settlement on 30.03.2023.

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For Petitioner : Mr.S.Govindan For R1 & R2 : Mr.Gladson Micheal Rajadurai For R3 : Mr.S.C.Herold Singh, Standing Counsel

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ORDER

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The present writ petition has been filed seeking direction to the respondents to settle the belated payment interest at the rate of 6% p.a on the delayed payment of retirement benefits such as Provident Fund Rs.10,97,091/-, Gratuity Rs.10,22,423/- and surrender leave salary of Rs.5,30,104/- from the date of retirement on 30.06.2021 till the date of settlement on 30.03.2023.

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W.P.(MD).No.3361 of 2024

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By consent of both parties, this Writ Petition is taken up for final

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disposal at the stage of admission itself.

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The petitioner was working in the respondent corporation and he voluntarily retired from service on 30.06.2021.

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It 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.

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The issue raised in this writ petition was already decided by this Court

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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).

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In view of the above, this Writ Petition is disposed of by directing the respondents management to pay interest at the rate of 6% per annum for belated settlement of terminal benefits of the petitioner. The said exercise shall be done

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W.P.(MD).No.3361 of 2024

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within a period of twelve (12) weeks from the date of receipt of a copy of this

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order. No costs.

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15.02.2024

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NCC : Yes / No Index : Yes / No Internet : Yes CM

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1.The Managing Director, Tamil Nadu State Transport Corporation (Madurai) Ltd., Bye-Pass Road, Madurai – 16.

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2.The General Manager,

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TamilNadu State Transport Corporation (Madurai) Ltd., Dindigul Region, Dindigul

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3.The Administrator, Tamil Nadu State Transport Employees' Pension Fund Trust, Thiruvalluvar Illam, Anna Salai, Chennai-2.

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W.P.(MD).No.3361 of 2024

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L.VICTORIA GOWRI, J.

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W.P.(MD).No.3292 of 2024

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15.02.2024

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Palanivel. P v. The Managing Director

Case brief

What is this about?

What did the court decide?

Palanivel. P v. The Managing Director

Case brief

What is this about?

What did the court decide?

What the court decided

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