V.Subramanian v. The Management Of

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 11.03.2025

CORAM

THE HONOURABLE MR.JUSTICE BATTU DEVANAND V.Subramanian ... Petitioner Vs.

1.The Management of Tamil Nadu State Transport Corporation (Kumbakonam) Limited, Pudukottai Region, Represented by its Managing Director, Pudukottai.

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

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondents to pay the petitioner interest at the rate of 18% per annum for the period of delay from 01.05.2023 to 11.02.2025, 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 affected his right to claim balance amounts towards those benefits.

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For Petitioner : Mr.S.Arunachalam For R1 : Mr.K.Jagadeesh Balan Standing Counsel For R2 : 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 petitioner interest for the period of delay from 01.05.2023 to 11.02.2025, 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 fixed by this Court.

2. The petitioner was appointed as Junior Tradesman in the first respondent Corporation on 23.01.1987 and he retired from service on 30.04.2023. The learned counsel for the petitioner submits that the petitioner's terminal benefits was 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 2/5

was dealt with by this Court on various occasions and this Court 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.MuruganVs. 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 months from the date of receipt of a copy of this order.

6. No costs.

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To:

1.The Managing Director, The Management of Tamil Nadu State Transport Corporation (Kumbakonam) Limited, Pudukottai Region, Pudukottai.

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

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BATTU DEVANAND , J.

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