Ganesan.R v. The Management Of

THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 17.04.2023

CORAM

THE HONOURABLE MRS.JUSTICE S.SRIMATHY R.Ganesan ... Petitioner Vs.

1.The Management of Tamil Nadu State Transport Corporation (Madurai) Limited, Dindigul Region, Represented 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 pay interest to the petitioner at the rate of 6% per annum, for the period of delay from 01.12.2020 to 01.12.2022, in paying the amounts paid towards his terminal and pension benefits namely EPF Employee's Contribution, Gratuity and Commutated Value of Pension, within a time frame as may be fixed by this Court.

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For Petitioner : No Appearance For R-1 : Mr.S.Siva Balaji, Standing Counsel.

For R-2 : Mr.S.C.Herold Singh, Standing Counsel.

ORDER

This Writ Petition is filed for Mandamus, directing the respondents to pay interest to the petitioner at the rate of 6% per annum, for the period of delay from 01.12.2020 to 01.12.2022, in paying the amounts paid towards his terminal and pension benefits namely EPF Employee's Contribution, Gratuity and Commutated Value of Pension.

2. The petitioner has retired from service on 30.11.2020. The respondents have processed the application of the petitioner, however, disbursed the terminal benefits including Gratuity, EPF and other benefits belatedly that is on 01.12.2022. Hence, the petitioner is seeking interest at the rate of 6% for the belated payment. As far as the Commutation is concerned, the amount will not carry any interest, since the amount is like deposit in the Bank and the petitioner is entitled to the same as and when the petitioner is making a request. However, under other categories, the petitioner is entitled to interest. Except for 2/4

commutation, the respondents shall pay interest for other categories of payment within a period of twelve (12) weeks from the date of receipt of a copy of this order.

3. With the above direction, this Writ Petition is disposed of. There shall be no order as to costs.

17.04.2023 NCC : Yes/No Index : Yes / No Internet : Yes/ No Nsr To 1.The General Manager, The Management of Tamil Nadu State Transport Corporation (Madurai) Limited, Dindigul Region, Dindigul.

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

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S.SRIMATHY, J.

Nsr 17.04.2023 4/4