The Tamilnadu State Transport v. C.Thirumarainathan
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Date : 28/04/2025
CORAM
THE HONOURABLE Mrs. JUSTICE J.NISHA BANU AND THE HONOURABLE Mrs. JUSTICE S.SRIMATHY and CMP(MD) No.7164 of 2025 1.The Tamil Nadu State Transport Corporation (Kumbakonam) Ltd., Represented by its Managing Director Kumbakonam 2.The General Manager The Tamil Nadu State Transport Corporation (Kumbakonam) Ltd., Nagapattinam Region, Nagapattinam.
... Appellants/respondents v.
1.C.Thirumarainathan ... Respondent/petitioner 2.The Additional Chief Secretary to Government of Tamilnadu Transport Department Fort St. George Chennai 600 009.
3.The Administrator Tamil Nadu State Transport Corporation Employees' Pension Fund Trust, Pallavan Salai, Chennai 600 002. ... Respondents 1/5
PRAYER :- Writ Appeal filed under Clause 15 of Letters patent against the order of this Court dated 11.03.2025 in WP(MD). No.6634 of 2025. For Appellants : Mr.Veera Kathiravan assisted by Mr.K.Ramaiah For Respondents : Mr.A.Rahul for R1 Mrs.D.Farjana Ghoushia for R2
JUDGMENT
(Judgment of the Court was delivered by S.SRIMATHY,J.) The respondent Transport Corporation in the writ petition is the appellant herein.
2. The appellants are aggrieved by the order of the writ Court dated 11.03.2025 passed in WP(MD) No.6634 of 2025.
3. The writ petition was filed by the first respondent to direct the appellants to settle his retirement benefits including provident fund of Rs.23,55,226/-, gratuity amount of Rs.20,00,000/- and terminal leave salary amount of Rs.13,17,010/- together with interest from the date of his retirement on 31.05.2024 to till date.
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4. Upon hearing the learned counsel for both sides, the writ Court directed the appellants herein to settle all the terminal benefits of the first respondent/petitioner and also release the pension forthwith and further directed the appellants to pay 6% interest towards provident fund, gratuity and leave salary from the date of retirement of the first respondent/petitioner. Aggrieved by the direction of the writ Court, the present appeal has been filed.
5. The learned Additional Advocate General appearing for the appellants would submit that the appellants are maintaining the seniority in paying the terminal benefits and therefore, prays for appropriate direction.
6. It is brought to the notice of this Court that the writ petitioner is having some ailment.
7. In view of the above submission and the first respondent is having some ailment and is in dire need of financial assistance for his treatment, the appellants are directed to pay Rs.15 lakhs to the first 3/5
respondent within a period of six weeks from the date of receipt of a copy of this judgment. With regard to the rest of the amount, the same will be paid as per the seniority list maintained by the appellants.
8. With this modification, the writ appeal is disposed of. No costs. Consequently connected Miscellaneous Petition is closed. [J.N.B.,J] [S.S.Y.,J] 28.04.2025 NCC : Yes/No Index : Yes/No RR To 1.The Additional Chief Secretary to Government of Tamilnadu Transport Department Fort St. George Chennai 600 009.
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J.NISHA BANU, J AND S.SRIMATHY, J.
RR
ORDER
IN WA(MD) No.1140 of 2025 Date : 28/04/2025 5/5