Madras High CourtWP(MD)/3539/2024disposed of

Rajam. C v. The Management Of

2024-02-16Honourable Mrs Justice L.Victoria Gowri4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 16.02.2024

CORAM

THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI C.Rajam ... Petitioner Vs

1. The Tamil Nadu State Transport Corporation (Madurai) Ltd., Madurai Region, Represented by its Managing Director, Madurai.

3. The Administrator, The Tamil Nadu State Transport Corporation Employees Pension Fund Trust, Thiruvalluvar Illam, Anna Salai, Chennai - 02.

... 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 to the petitioner at the rate of 18 %per annum, for the periods of delay from 01.06.22 to 23.05.23 in paying the amount paid towards the Commutated Value of Pension and from 01.06.22 to 10.07.23 in paying the amounts paid towards EPF Employees Contribution and Gratuity and from 01.06.22 to 23.05.23 in paying the amount paid towards Encashment of Leaves of her deceased husband/retired employee (late).K.Chellasamy, Staff No.CI07211, within the time frame as fixed by this Court. 1/4

For Petitioner : Mr.S.Arunachalam For Respondents : Mr.S.Raja(R1) Mr.S.C.Herold Singh(R2) Standing Counsels

ORDER

The present writ petition has been filed seeking a direction to the respondents to pay interest to the petitioner at the rate of 18 %per annum, for the periods of delay from 01.06.22 to 23.05.23 in paying the amount paid towards the Commutated Value of Pension and from 01.06.22 to 10.07.23 in paying the amounts paid towards EPF Employees Contribution and Gratuity and from 01.06.22 to 23.05.23 in paying the amount paid towards Encashment of Leaves of her deceased husband/retired employee (late).K.Chellasamy, Staff No.CI07211, within the time frame as fixed by this Court.

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

3. The petitioner's husband was employed as Conductor by the respondent Corporation. He retired from service on attaining the age of superannuation on 31.05.2022. He died on 25.07.2022. 2/4

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 stands disposed of by directing the respondent Corporation to pay interest at the rate of 6% per annum for belated settlement of petitioner husband's retirement benefits from the date of his retirement to till the date of payment. This shall be done within a period of twelve (12) weeks from the date of receipt of a copy of this order. There shall be no order as to costs.

16.02.2024 NCC : Yes / No Index : Yes / No Internet : Yes PNM 3/4

L.VICTORIA GOWRI, J.

PNM ORDER IN 16.02.2024 4/4