Veerabuthiran R v. The Management

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 19.02.2024

CORAM

THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI R.Veerabuthiran ... Petitioner Vs.

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

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 interest at the rate of 6% per annum, for the period of delay from 01.06.2022 to 30.05.2023 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 1/5

as may be fixed by this Court and without affecting his right to claim balance amounts towards those benefits.

For Petitioner : Mr.S.Arunachalam For Respondents : Mr.S.C.Herold Singh Standing Counsel

ORDER

The present writ petition has been filed seeking direction to the respondents to pay the petitioner interest at the rate of 6% per annum, for the period of delay from 01.06.2022 to 30.05.2023 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 and without affecting his right to 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 Junior Tradesman in the respondent corporation on 11.02.1989 and he retired from service as Foreman on 31.05.2022.

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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. 19.02.2024 NCC : Yes / No Index : Yes / No Internet : Yes gbg 3/5

To 1.The Managing Director, The Management of Tamil Nadu State Transport Corporation (Madurai) Ltd., Madurai Region, Madurai.

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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