Madras High CourtWP(MD)/3292/2024disposed of

Y.Packiyanathan v. The Management Of

2024-02-15Honourable Mrs Justice L.Victoria Gowri5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 15.02.2024

CORAM

THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI Y.Packiyanathan ... Petitioner Vs.

1.The Management of Tamil Nadu State Transport Corporation (Madurai) Ltd., Madurai Region, Rep. By its Managing Director, Madurai.

2.The Administrator, Tamil Nadu 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, praying this Court to issue a Writ of Mandamus, directing the respondents to pay petitioner interest at the rate of 6% per annum for the period of delay from 1/5

01.04.2020 to 01.06.2021 in paying the amounts paid towards his terminal and pension benefits namely EPF Employee's Contribution, Gratuity, Encashment of Leaves and Commutated value of pension within a time fram as may be fixed by this Court and without affecting his right to claim balance amounts towards those benefits.

For Petitioner : Mr.S.P.Vijaynivas For Respondents : Mr.S.C.Herold Singh, Standing Counsel

ORDER

The present writ petition has been filed seeking direction to the respondents to pay interest at the rate of 6% per annum for the period of delay from 01.04.2020 to 01.06.2021 in paying the amounts paid towards the petitioner's terminal and pension benefits namely EPF Employee's Contribution, Gratuity, Encashment of Leaves and Commutated value of pension within a time fram as may be fixed by this Court and without affecting his right to claim balance amounts towards those benefits. 2/5

2. By consent of both parties, this Writ Petition is taken up for final disposal at the stage of admission itself.

3. The petitioner was appointed as Conductor in the 1st respondent corporation in the year 1986. After completing 34 years of service, he retired from service on 31.03.2020 on reaching superannuation.

4. 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.

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

6. 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 3/5

within a period of twelve (12) weeks from the date of receipt of a copy of this order. No costs.

15.02.2024 NCC : Yes / No Index : Yes / No Internet : Yes CM To 1.The Management of Tamil Nadu State Transport Corporation (Madurai) Ltd., Madurai Region, Rep. By its Managing Director, Madurai.

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

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L.VICTORIA GOWRI, J.

CM 15.02.2024 5/5