P.Tharmaraj (A30682) v. The Management Of

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 22.04.2025

CORAM

THE HONOURABLE MR.JUSTICE BATTU DEVANAND P.Tharmaraj ... Petitioner Vs.

1.The Management of TamilNadu State Express Transport Corporation Ltd., Rep. by its General Manager, Pallavan Salai, Chennai-2.

2. The Administrator, TamilNadu State Transport Employee's Pension Fund Trust, Thiruvalluvar Illam, Anna Salai, Chennai-2.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondents to pay interest at the rate of 12% per annum, for the period of delay from the petitioner's date of retirement (31.05.2023) to till the date of reimbursement (10.03.2025) of amount paid towards the petitioner's terminal and pension benefits namely EPF Employee's Contribution, Gratuity, Commuted Value of Pension and Encashment of Earned/Sick Leave within a time frame as fixed by this Court. 1/6

For Petitioner : Mr.R.Murugan For Respondent No.1 : Mr.K.Senthil Kumar Standing Counsel For Respondent No.2 : 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 interest at the rate of 12% per annum, for the period of delay from the petitioner's date of retirement (31.05.2023) to till the date of reimbursement (10.03.2025) of amount paid towards the petitioner's terminal and pension benefits namely EPF Employee's Contribution, Gratuity, Commuted Value of Pension and Encashment of Earned/Sick Leave from the date of retirement to the actual date of payment of retirement benefits to the petitioner.

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2. The petitioner was appointed as Junior Tradesman in the respondent Transport Corporation and he retired from service on 31.05.2023. 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 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.

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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 Management of TamilNadu State Express Transport Corporation Ltd., Rep. by its General Manager, Pallavan Salai, Chennai-2.

2. The Administrator, TamilNadu State Transport Employee's Pension Fund Trust, Thiruvalluvar Illam, Anna Salai, Chennai-2.

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BATTU DEVANAND , J.

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