Vishwanathan .K v. The Management Of

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 14.02.2024

CORAM

THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI K.Vishwanathan ... Petitioner Vs.

1.The Management of Tamil Nadu State Transport Corporation (Thirunelveli) Ltd., Nagercoil Region, Represented by its General Manager, Nagercoil.

2.The Administrator, Tamil Nadu State Transport Employee's 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 the petitioner at the rate of 6% per annum, for the period of delay from 1/5

01.06.2022 to 31.05.2023, 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 frame as may be fixed by this Court.

For Petitioner : Mr.S.Arunachalam For R-1 : Mr.D.Jebaraj, Standing Counsel For R-2 : Mr.S.C.Herold Singh, Standing Counsel

ORDER

The present writ petition has been filed seeking direction to the respondents to pay the petitioner at the rate of 6% per annum, for the period of delay from 01.06.2022 to 31.05.2023, 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.

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

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3. The petitioner was appointed as a Conductor on 01.08.1989 in the 1st respondent Corporation. After completing 33 years of service, he retired from service as a Special Grade Conductor on 31.05.2022.

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.

14.02.2024 NCC : Yes / No Index : Yes / No Internet : Yes Sml To 1.The Management of Tamil Nadu State Transport Corporation (Thirunelveli) Ltd., Nagercoil Region, Represented by its General Manager, Nagercoil.

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

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L.VICTORIA GOWRI, J.

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