Jothimani S v. The Managing Director
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 30.04.2025
CORAM:
THE HONOURABLE MR. JUSTICE BATTU DEVANAND W.P.(MD)No.12869 of 2025 S.Jothimani
...Petitioner
Vs.
1. The Managing Director, TamilNadu State Transport Corporation, Madurai Region, Corporate Office, Madurai -625 016.
2. The Administrator, TamilNadu State Transport Corporation Pension Fund Trust, Thiruvalluvar House, Pallavan Salai, Chennai-600 002.
3. The State of TamilNadu, Rep. by Secretary to Government, Finance (Pension) Department, Secretariat, Fort. St. George, Chennai-600 009.
...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 6% per annum, for the belated settlement of petitioner's retirement benefits namely EPF Employee's Contribution, 1/5
Gratuity and leave salary for the period from 30.04.2023 to 12.02.2025. For Petitioner : Mr.Sarvagan Prabhu For Respondent No.1 : Mr.K.Ramaiah Standing Counsel For Respondent No.2 : Mr.S.C.Herold Singh Standing Counsel For Respondent No.3 : Mr.T.Amjad Khan Government Advocate
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 6% per annum, for the belated settlement of petitioner's retirement benefits namely EPF Employee's Contribution, Gratuity and leave salary for the period from 30.04.2023 to 12.02.2025.
2. The petitioner was appointed as SL GR HR in the respondent Corporation on 01.11.1996 and he retired from service on 30.04.2023. The learned counsel for the petitioner submits that the petitioner's terminal benefits was not settled immediately and there is an abnormal delay. 2/5
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. 3/5
There shall be no order as to costs.
30.04.2025 6/15 Index : Yes / No Internet : Yes / No NCC : Yes / No gvn 4/5
BATTU DEVANAND, J.
gvn To,
1. The Managing Director, TamilNadu State Transport Corporation, Madurai Region, Corporate Office, Madurai -625 016.
2. The Administrator, TamilNadu State Transport Corporation Pension Fund Trust, Thiruvalluvar House, Pallavan Salai, Chennai-600 002.
3. The State of TamilNadu, Rep. by Secretary to Government, Finance (Pension) Department, Secretariat, Fort. St. George, Chennai-600 009.
W.P.(MD)No.12869 of 2025 30.04.2025 6/15 5/5