The Tamilnadu State Transport Corporation (Kumbakonam) Limited v. K.Krishnasamy

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 24.04.2025

CORAM:

THE HONOURABLE MRS.JUSTICE J.NISHA BANU AND THE HONOURABLE MRS.JUSTICE S.SRIMATHY & C.M.P.(MD)No.6897 of 2025 1.The Tamil Nadu State Transport Corporation (Kumbakonam) Limited, Rep. by its Managing Director, Kumbakonam.

2.The General Manager, Tamil Nadu State Transport Corporation (Kumbakonam) Limited, Trichy Region, Trichy-620 001.

... Appellants -Vs1.K.Krishnasamy 2.The Chief Financial Officer, Tamil Nadu State Transport Corporation (Kumbakonam) Limited, Kumbakonam.

... Respondents PRAYER: Appeal filed under Clause 15 of Letters Patent, praying this Court to set aside the order dated 14.08.2023 made in W.P.(MD)No.15710 of 2023 on the file of this Court.

For Appellants : Mr.S.C.Herold Singh For R1 : Mr.D.Sivaraman

JUDGMENT

[Judgment of the Court was delivered by J.NISHA BANU, J.] This Writ Appeal is directed against the order dated 14.08.2023 made in W.P.(MD)No.15710 of 2023.

2.The 1st respondent / writ petitioner has filed the said Writ Petition, seeking for a direction to the appellants / respondents 1 and 2 to pay the retirement benefit scheme amount and voluntary retirement benefit amount and also along with interest at the rate of 18% per annum for belated payment of retirement benefits including Provident Fund, Leave Encashment and 1998 ML Encashment Voluntary Retirement benefit amount and retirement benefit scheme amount within the time limit stipulated by this Court. 3.The Writ Court, after hearing both sides, disposed of the said Writ Petition, directing the appellants to pay the voluntary retirement compensation amount along with interest at the rate of 6% per annum for the belated payment of retirement benefits including Provident Fund, Leave Encashment and 1998 ML Encashment Voluntary Retirement benefit amount and retirement benefit scheme

amount by considering the writ petitioner's representation dated 02.06.2023 within a period of twelve weeks.

4.Aggrieved over the same, the respondents 1 and 2 have filed this Writ Appeal.

5.Heard the learned counsel on either side and perused the materials available on record.

6.It is to be noted that as per G.O.(Ms)No.2010, Transport Department, dated 03.11.1987, the writ petitioner is entitled to Voluntary Retirement Compensation Amount under the Special Scheme and on 10.02.1993, the compensation amount is enhanced from Rs.7,500/- to Rs.8,500/- per year. However, the appellants have not settled the same to the writ petitioner. Therefore the writ petitioner has filed the said Writ Petition. 7.Considering the said G.O., the Writ Court has rightly directed the appellants to pay the Voluntary Retirement Compensation amount along with interest at the rate of 6% per annum for the belated payment of retirement benefits including Provident Fund, Leave Encashment and 1998 ML Encashment

Voluntary Retirement benefit amount and retirement benefit scheme amount. Therefore, the same shall be paid by the appellants within a period of five months from the date of receipt of a copy of this order. 8.In such view of the matter, we do not find any infirmity in the order passed by the Writ Court. Accordingly, this Writ Appeal is dismissed. No costs. Consequently, connected miscellaneous petition is closed. [J.N.B., J.] & [S.S.Y., J.] 24.04.2025 NCC : Yes / No Index : Yes / No Yuva

J.NISHA BANU, J.

AND S.SRIMATHY, J.

Yuva 24.04.2025