Ruby Jeya Paul Vannan. R v. The Tamil Nadu State Transport Corporation (Tirunelveli) Limited

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 15.02.2024

CORAM

THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI R.Ruby Jeya Paul Vannan (EDP No.2734) ... Petitioner Vs.

1.The Tamil Nadu State Transport Corporation (Tirunelveli) Ltd., Kattapomman Nagar, V.M.Chathiram, Tirunelveli.

2.The Tamil Nadu State Transport Corporation (Tirunelveli) Ltd., Rep by its General Manager, Nagercoil Region, Ranithottam, Nagercoil.

... 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 interest at the rate of 12% per annum for the period of delay from the petitioner's date of voluntarily retirement (31.03.2022) to till the date of reimbursement (07.04.2023) of amount paid towards the petitioner's terminal and pension benefits namely EPF Employee's Contribution, Gratuity and other monetary benefits etc., within a time frame as may be fixed by this Court without affecting the petitioner's right ot claim balance amounts towards those benefits.

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For Petitioner : Mr.R.Murugan For Respondents : Mr.D.Jebaraj Standing Counsel

ORDER

The present writ petition has been filed seeking direction to the the respondents to pay interest at the rate of 12% per annum for the period of delay from the date of his voluntary retirement (31.03.2022) till the date of reimbursement (07.04.2023) of amount paid towards the petitioner's terminal and pension benefits namely EPF Employee's Contribution, Gratuity and other monetary benefits etc., within a time frame as may be fixed by this Court without affecting the petitioner's right ot claim balance amounts towards those benefits.

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 employed as Driver in the respondent corporation on 01.06.1995 and he retired from service as Non ITI Helper on 31.03.2022. 2/5

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 respondent management to pay interest at the rate of 6% per annum for belated settlement of petitioner's terminal benefits. This shall be done 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/ No CM 3/5

To 1.The Tamil Nadu State Transport Corporation (Tirunelveli) Ltd., Kattapomman Nagar, V.M.Chathiram, Tirunelveli.

2.The Tamil Nadu State Transport Corporation (Tirunelveli) Ltd., Rep by its General Manager, Nagercoil Region, Ranithottam, Nagercoil.

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L.VICTORIA GOWRI, J.

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