Senthilvel.P v. The Management Of

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Special Original Jurisdiction Wednesday, the Twelfth day of March Two Thousand and Twenty Five PRESENT The HONOURABLE MR. JUSTICE SHAMIM AHMED P. Senthilvel ... Petitioner Vs 1 The Management Of Tamil Nadu State Transport Corporation (Madurai) Ltd., Dindigul Region, Rep. by its General Manager, Dindigul.

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

... Respondents Prayer :- Writ Petition is filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing the respondents to pay interest at the rate of 18 per cent per annum, for the period of delay from 01.05.19 to 24.01.21, in paying the amounts paid towards the terminal and pension benefits of the petitioner namely EPF Employees Contribution, Gratuity, Encashment of Earned / Sick Leaves and Commutated Value of Pension, along with the balance amount of Rs.15,922/- payable towards Enacashment of Earned / Sick Leaves together with interest with at the rate of 18 per cent per annum, within a time frame as may be fixed by this Hon'ble Court.

1/5

ORDER:- This Petition coming on for orders on this day and upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of M/s. V.R. Arunkumar, Advocate for the Petitioner and of Mr. J. Senthil Kumaraiah, Advocate for the 1st respondent, and Mr. S.C. Herold Singh, Advocate for the 2nd respondent, this Court made the following order: "This Court vide judgment and order dated 31.03.2022 disposed of the present Writ Petition in the following terms:

"9.In view of the above, this Court is of the view that the petitioner is entitled for the interest at the rate of 6% per annum. Therefore, this Court directs the respondents to pay interest at the rate of 6% per annum for the belated terminal and pension benefits of the petitioner namely EPF Employee's Contribution, Gratuity, Encashment of Earned/Sick Leaves and commuted value of pension, along with the balance amount of Rs.15,922/- payable towards encashment of earned/sick leaves together with interest from the date of his retirement till the date on which the said terminal benefits were settled to him, on or before 31.05.2022, failing which, the Managing Director or the General Manager (Chief Finance Officer) shall appear before this Court.

2/5

10.The Writ Petition is disposed of with the above direction. No costs."

2. Today, the matter is listed under the caption "For Reporting Compliance". Mr.J.Senthil Kumaraiah, learned counsel for the 1st Respondent, has produced an order dated 11.03.2025 passed by the Assistant Manager, Tamil Nadu State Transport Corporation (Madurai) Limited, Dindigul Region. The order states that the payment of interest at 6% for Provident Fund Interest, Gratuity Interest, Leave Salary Interest, Balance Leave Salary amount, and Balance Leave Salary Interest were paid to the Petitioner's account on different dates. The remaining amount in respect of pension commutation and other dues was also paid to the Petitioner by the Respondents into the Petitioner's account. A copy of the said order has been taken on record and furnished to the learned counsel for the Petitioner. Thus, the order dated 31.03.2022 passed by the learned Single Judge of this Court in the present petition has been fully complied with.

3. Mr.S.C.Herold Singh, the learned counsel for the 2nd Respondent, agreed to the submissions made by the learned counsel for the 1st Respondent and submitted that the amount has already been paid to the Petitioner.

4. Mr.V.R.Arunkumar, the learned counsel for the Petitioner, submitted that the payment has not been made as per the direction issued by this Court vide 3/5

judgment and order dated 31.03.2022, and instead, a lesser amount has been paid to the Petitioner. Hence, he seeks liberty from this Court to challenge the same, if the Petitioner is aggrieved by the order dated 11.03.2025 passed by the Respondents.

5. Considering the submissions made by the learned counsel for the Petitioner and the learned counsel for Respondents, and upon perusal of the order dated 11.03.2025 passed by the Respondents in compliance of the order dated 31.03.2022 passed by this Court in the present writ petition, this Writ Petition is disposed of at this stage. However, the Petitioner is at liberty to challenge the amount, if dissatisfied, before the competent court of law. The file shall be consigned to record."

Sd/- Assistant Registrar( C.S-III ) // True Copy // /03/2025 Sub Assistant Registrar (CS- I/ II / III / IV) TO 1 The Management of Tamil Nadu State Transport Corporation (Madurai) Ltd., Dindigul Region, Rep. by its General Manager, Dindigul.

4/5

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

Copy to:

The Section Officer, Writ Section, Madurai Bench of Madras High Court, Madurai + 1.c.c. to Mr. S.C. Herold Singh, Advocate SR.No.16173. ORDER DATED : 12/03/2025 ==========================

ORDER

========================== KVL(26/03/2025) 5P 5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5