Madras High CourtWP(MD)/13177/2025allowed

R.Ramesh Kumar v. The Management Of

2025-04-28Honourable Mr. Justice Battu Devanand4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 28.04.2025

CORAM:

THE HONOURABLE MR. JUSTICE BATTU DEVANAND W.P.(MD)No.13177 of 2025 R.Ramesh Kumar ...Petitioner Vs.

1. The Management of TamilNadu State Transport Corporation (Madurai) Limited, Dindigul Region, Rep. by its General Manager, Dindigul.

2. The Administrator, TamilNadu State Transport Employees' Pension Fund Trust, Thiruvalluvar Illam, Anna 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 pay the petitioner interest at the rate of 18% per annum, for the period of delay from 01.06.2023 to 09.03.2025 in paying the amounts paid towards his terminal and pension benefits namely EPF Employee's Contribution, Gratuity, Encashment of Leaves and Commutated Value of Pension. 1/4

For Petitioner : Mr.S.Arunachalam For Respondents : 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 the petitioner interest at the rate of 18% per annum, for the period of delay from 01.06.2023 to 09.03.2025 in paying the amounts paid towards his terminal and pension benefits namely EPF Employee's Contribution, Gratuity, Encashment of Leaves and Commutated Value of Pension.

2. The petitioner was appointed as Driver in the respondent Corporation on 01.11.1994 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 2/4

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.

28.04.2025 7/7 Index : Yes / No Internet : Yes / No NCC : Yes / No gvn 3/4

BATTU DEVANAND, J.

gvn To,

1. The Management of TamilNadu State Transport Corporation (Madurai) Limited, Dindigul Region, Rep. by its General Manager, Dindigul.

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

W.P.(MD)No.13177 of 2025 28.04.2025 7/7 4/4