Ayyappan M v. The Management Of

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 27.02.2024

CORAM

THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI M.Ayyappan ... Petitioner Vs.

1.The Managing Director, 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 filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondents to 1/5

pay the petitioner interest at the rate of 6% per annum, for the period of delay from 01.08.2022 to 30.05.2023 in paying the amounts paid towards the terminal and pension benefits of the petitioner namely EPF Employee's Contribution, Gratuity, Encashment of Leaves and Commutated Value of Pension, within a time fame as may be fixed by this Court.

For Petitioner : Mr.S.Arunachalam For R-1 : Mr.K.Ramachandra Pradeep For R-2 : Mr.S.C.Herold Singh, Standing Counsel

ORDER

The present writ petition has been filed seeking direction to the respondents to pay the 6% interest on the delayed payment of retirement benefits paid to the petitioner, from the date of his retirement i.e., 31.07.2022 to actual payment made on 30.05.2023.

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

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3. The petitioner was appointed as Conductor in the 1st respondent corporation in the year 1996. After completing 26 years of service, he retired from service on 31.07.2022.

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 respondents management to pay interest at the rate of 6% per annum for belated settlement of terminal benefits of the petitioner. The said exercise shall be done 3/5

within a period of twelve (12) weeks from the date of receipt of a copy of this order. No costs.

27.02.2024 NCC : Yes / No Index : Yes / No Internet : Yes CM To 1.The Managing Director, 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.

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L.VICTORIA GOWRI, J.

CM 27.02.2024 5/5