Madras High CourtWP(MD)/10004/2021allowed

Balasubramanian.N v. The Managment Of Tamil Nadu State Transport Corporation (Madurai) Ltd.,

2022-04-18Honourable Mr Justice S.M. Subramaniam3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.04.2022

CORAM:

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM N.Balasubramanian ... Petitioner vs.

1.The Management of Tamil Nadu State Transport Corporation (Madurai) Limited rep.by its Managing Director Bye-Pass Road, Madurai-10 2.The General Manager Tamil Nadu State Transport Corporation (Madurai) Limited, Dindigul Region Dindigul 3.The Administrator Tamil Nadu State Transport Corporation Pension Fund Trust, Thiruvalluvar House Pallavan Salai, Chennai-600 002 ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of writ of mandamus directing the respondents herein to pay the interest to the petitioner at the rate of 12% per annum for the belated payment of Rs.6,26,505/- towards his retirement benefits, namely, Provident Fund and Gratuity from the date of his retirement i.e. on 30.04.2017 till the date of full settlement, namely 15.12.2017 and 22.02.2018 respectively along with his monthly pension for the period of May to July 2017, by considering the petitioner's representation dated 02.06.2021 and within the time frame as fixed by this Court. For Petitioner :

Mr.Lawrance.J.

For Respondents :

Mr.J.Senthil Kumaraiah for R1 & R2 Mr.A.Swaminathan for R3

O R D E R

The relief sought for in this writ petition is to settle interest for the belated payment of retirement benefits, including three months pension, to the petitioner.

2. The petitioner was employed as Conductor in the respondent - Transport Corporation and retired from service on attaining the age of superannuation on 30.04.2017. There was a delay in settling the pensionary and terminal benefits to the 1/3

petitioner. As per the Rules, the petitioner is eligible to get interest for the belated settlement of pensionary and terminal benefits, including three months pension. However, the respondents have not paid interest as admissible for the belated settlement of terminal and pensionary benefits and the representation submitted by the petitioner on 02.06.2021 in this regard has not been considered by the respondents till date. Therefore, the petitioner has filed this writ petition.

3. This Court is of the considered opinion that the employees are eligible for interest for the belated settlement of pensionary and terminal benefits as per the Rules. Therefore, the respondents are bound to settle the same in accordance with the Rules.

4. In such view of the matter, the respondents are directed to settle admissible interest for the belated settlement of terminal and pensionary benefits, including three months pension, to the petitioner, within a period of twelve weeks from the date of receipt of a copy of this order.

5. Accordingly, the writ petition is allowed. No costs. Sd/- Assistant Registrar (AE) // True Copy // / /2022 Sub Assistant Registrar(CS) Krk To 1.The Managing Director The Management of Tamil Nadu State Transport Corporation (Madurai) Limited Bye-Pass Road, Madurai-10 2.The General Manager Tamil Nadu State Transport Corporation (Madurai) Limited, Dindigul Region Dindigul 3.The Administrator Tamil Nadu State Transport Corporation Pension Fund Trust, Thiruvalluvar House Pallavan Salai, Chennai-600 002 2/3

+1 CC to M/s.J. LAWRANCCE, Advocate ( SR-19455[F] dated 19/04/2022 ) 18.04.2022 Na(CO) KB(28.04.2022) 3P 5C 3/3