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S.Krishnan, Driver (Retired) v. The Managing Director

2025-04-25Honourable Mr. Justice Battu Devanand6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 25.04.2025

CORAM:

THE HONOURABLE MR. JUSTICE BATTU DEVANAND W.P.(MD)No.11816 of 2025 S.Krishnan ...Petitioner Vs.

1. The Managing Director.

Tamil Nadu State Transport Corporation (Madurai) Ltd., Bye-Pass Road, Madurai - 16.

2. The General Manager, Tamil Nadu State Transport Corporation (Madurai) Ltd., Madurai Region, Madurai - 16.

3. The Administrator, Tamil Nadu State Transport Corporation Employees Pension Fund Trust, Thiruvalluvar Illam, Pallavan Salai, Chennai - 2. ...Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India, in the nature of a Writ of Mandamus, directing the respondents to settle the belated payment interest at the rate of 6 percentage per annum on the delayed

payment of Retirement Benefits such as provident fund Rs.11,23,165/-, Gratuity Rs.13,09,769/-, Leave Salary Rs.1,85,138/- and Commutation Rs.7,23,989/- from the dated of retirement on 31.05.20223 till the date of settlement on 10.03.2025 and pass such further or other orders as this Court. For Petitioner : Mr.S.Govindan For R1 & R2 : Mr.S.Raja Standing Counsel For R3 : 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 settle the belated payment interest at the rate of 6 percentage per annum on the delayed payment of Retirement Benefits such as provident fund Rs.11,23,165/-, Gratuity Rs.13,09,769/-, Leave Salary Rs. 1,85,138/- and Commutation Rs.7,23,989/- from the dated of retirement on 31.05.20223 till the date of settlement on 10.03.2025 and pass such further or other orders as this Court.

2. The petitioner was appointed as Driver in the respondent 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.

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 date of actual disbursement, within a period of three months from the date of receipt of a copy of this order. There shall be no order as to costs.

25.04.2025 Index : Yes / No Internet : Yes / No NCC : Yes / No GVN

To

1. The Managing Director.

Tamil Nadu State Transport Corporation (Madurai) Ltd., Bye-Pass Road, Madurai - 16.

2. The General Manager, Tamil Nadu State Transport Corporation (Madurai) Ltd., Madurai Region, Madurai - 16.

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

BATTU DEVANAND , J.

GVN W.P.(MD)No.11816 of 2025 25.04.2025