K.Selvaraj v. The Management Of
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 22.11.2024
CORAM:
THE HONOURABLE MRS. JUSTICE V.BHAVANI SUBBAROYAN K.Selvaraj
...Petitioner
Vs
1. The Management of Tamilnadu State Transport Corporation (Kovai) Ltd, Erode Region, Rep. by its Managing Director, Erode.
2.The Administrator, Tamilnadu State Transport Employees' Pension Fund Trust, Thiruvalluvar Illam, Anna Salai, Chennai - 2 .Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus to direct the respondents to pay the petitioner, interest at the rate of 18% per annum, for the period of delay from 01.05.2018 to 19.09.2019, in paying the amounts paid towards the petitioner's terminal benefits namely EPF Employee's Contribution, Gratuity and Encashment of Leaves and Commuted Value of Pension Page No:1/6
within a time frame as may be fixed by this Court and without affecting the petitioner's right to claim balance amounts towards those benefits. For Petitioner : Mr.V.AJAY KHOSE For Respondents :Mr.M.Murali Vinodh Standing Counsel
ORDER
By consent of both parties, this writ petition is taken up for final disposal at the stage of admission itself.
2. The petitioner has filed this writ petition to issue a Writ of Mandamus directing the respondents to pay the petitioner, interest at the rate of 18% per annum, for the period of delay from 01.05.2018 to 19.09.2019 , in paying the amounts paid towards the petitioner's terminal benefits namely EPF Employee's Contribution, Gratuity and Encashment of Leaves and Commuted Value of Pension within a time frame as may be fixed by this Court and without affecting the petitioner's right to claim balance amounts towards those benefits.
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3. The case of the petitioner is that the petitioner was appointed/working as Conductor in the 1st respondent Corporation from 28.02.1986. After completion of 32 years of service and finally working as Senior Checking Inspector in the 1st respondent Corporation, he was retired from service on 30.04.2018 on reaching the age of superannuation. After passing of several months, the respondents gave cheque on 19.09.2019 and the amounts were credited in petitioner's bank account on 20.09.2019. Thereafter, the petitioner gave representation on 20.06.2024 to the respondents requesting to pay the interest amounts towards the delayed payment of the terminal benefits. But, the respondents have not come forward to pay the same till date. Hence this petition.
4.The learned counsel for the petitioner submitted that it would be suffice if this Court issues a direction to the respondents to consider the case of the petitioner and pass orders.
5. The learned standing counsel appearing for the respondents submitted that the petitioner's case will be considered and will pay the Page No:3/6
eligible amount with 6% interest P.A as per the earlier orders of this Court.
6. Considering the facts of the case, this Court on submission made by either side counsel directs the respondents to consider the petitioner's case and pass orders on the claim made by the petitioner within a period of twelve weeks from the date of receipt of a copy of this Order. With regard to interest for the belated payment it will be 6% interest per annum from the date on which the amount became due and payable till the date of disbursement. It is made clear that if the amount is not paid within the time frame fixed by this Court, the same will carry interest at the rate of 12% per annum from the date on which the amount became due and payable till the date of disbursement. 7.With the above directions, this Writ Petition stands disposed of. No order as to costs.
22.11.2024 Index:Yes/No Speaking order/Non-speaking order msv Page No:4/6
To
1. The Managing Director, The Management of Tamilnadu State Transport Corporation (Kovai) Ltd, Erode Region, Erode.
2.The Administrator, Tamilnadu State Transport Employees' Pension Fund Trust, Thiruvalluvar Illam, Anna Salai, Chennai - 2 Page No:5/6
V.BHAVANI SUBBAROYAN,J.
msv W.P.No.35493 of 2024 22.11.2024 Page No:6/6