R.Kannaiah v. The Management Of State Express Transport Corporation (Tamilnadu) Limited

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.03.2024

CORAM

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

1.The Management of Tamil Nadu State Transport Corporation (Tamilnadu) Ltd., Rep. By its Managing Director, Pallavan Salai, Chennai - 2.

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 pay the petitioner interest at the rate of 18% per annum, the period of delay from 01.08.22 to 30.05.23 in paying the amounts paid towards my terminal/pension benefits namely EPF Employee's Contribution, Gratuity, Encashment of leave and Commuted Value of Pension. For Petitioner : Mr.S.Arunachalam For R-1 : Mr.K.Senthilkumar Standing Counsel For R-2 : Mr.S.C.Herold Singh, 1/4

Standing Counsel

ORDER

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

2.The present writ petition has been filed seeking direction to the respondents to pay the petitioner interest at the rate of 18% per annum, the period of delay from 01.08.22 to 30.05.23 in paying the amounts paid towards my terminal/pension benefits namely EPF Employee's Contribution, Gratuity, Encashment of leave and Commuted Value of Pension. 3.The petitioner was appointed as Driver in the respondent corporation. After completing 26 years of service, he voluntarily 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. 2/4

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

21.03.2024 NCC : Yes / No Index : Yes / No Internet : Yes Mrn To 1.The Managing Director, The Management of Tamil Nadu State Transport Corporation (Tamilnadu) Ltd., Pallavan Salai, Chennai - 2.

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

3/4

L.VICTORIA GOWRI, J.

Mrn 21.03.2024 4/4