S.Shahul Hammed v. The General Manager

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 12.02.2025

CORAM:

THE HONOURABLE MR.JUSTICE BATTU DEVANAND W.P.(MD)No.3770 of 2025 S.Shahul Hammed ... Petitioner Vs.

1.The General Manager, Tamil Nadu State Transport Corporation Tirunelveli Ltd., Ranithottam, Nagercoil, Kanyakumari District.

2.The Administrator, Tamil Nadu State Transport Corporation, Employees Pension Trust, Thiruvallur House, Pallavan Salai, Chennai - 600 002.

.. Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, praying for issuance of Writ of Mandamus, directing the respondents to pay the 6% interest for the belated payment of the

petitioner's retirement benefits ie., Provident Fund, Gratuity, E.L and M.L. Salary, surrender leave salary and all other retirement benefits from the date of retirement to the actual date of payment of retirement benefits to the petitioner and pay the same to the petitioner within the time frame to be fixed by this Court. For Petitioner : Mr.N.S.Ramakrishna Dass For Respondent No.1 : Mr.D.Jebaraj Standing Counsel For Respondent No.2 : Mr.S.C.Herold Singh Standing Counsel

O R D E R

This Writ Petition has been filed seeking a Writ of Mandamus directing the respondents to pay the 6% interest for the belated payment of the petitioner's retirement benefits ie., Provident Fund, Gratuity, E.L and M.L. salary, surrender leave salary and all other retirement benefits from the date of retirement to the actual date of payment of retirement benefits to the petitioner.

2. The petitioner was working as a Conductor in the respondent Corporation and he retired from service on 31.03.2023. The learned counsel for the petitioner submits that the petitioner's

terminal benefits were not settled immediately and there is an abnormal delay.

3. In view of the same, the only issue to be considered in this Writ Petition is with regard to interest payable on the belated settlement. This issue was dealt with by this Court on various occasions and this Court has passed orders in several Writ Petitions. In fact, the issue involved in this Writ Petition is no longer res integra.

4. This Court in W.P.(MD)No.4866 of 2023 [C.Murugan Vs. the Tamil Nadu State Transport Corporation (Tirunelveli) Ltd., and Another] by order dated 07.03.2023 has decided this issue.

5. Accordingly, by following the order stated supra, this Writ Petition is allowed, with the following direction: "The respondents shall pay interest to the petitioner at the rate of 6% per annum on the belated payment of the retirement benefits commencing from the date of retirement, till the

date of actual disbursement, within a period of three [3] months from the date of receipt of a copy of this order."

There shall be no order as to costs.

12.02.2025 NCC : Yes/No Index: Yes/No Internet : Yes MR

To 1.The General Manager, Tamil Nadu State Transport Corporation Tirunelveli Ltd., Ranithottam, Nagercoil, Kanyakumari District.

2.The Administrator, Tamil Nadu State Transport Corporation, Employees Pension Trust, Thiruvallur House, Pallavan Salai, Chennai - 600 002.

BATTU DEVANAND, J.

MR W.P.(MD)No.3770 of 2025 Dated : 12.02.2025