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Madras High CourtWP(MD)/15292/2025disposed of

Anbazhakan P v. The Tamil Nadu State Transport Corporation (Tirunelveli) Limited

2025-06-06Honourable Mr.Justice Vivek Kumar Singh4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 06.06.2025

CORAM:

THE HONOURABLE MR.JUSTICE VIVEK KUMAR SINGH P.Anbazhakan ... Petitioner -vs1.(*)The Tamil Nadu State Transport Corporation (Tirunelveli) Limited, Rep. by its Managing Director, Tirunelveli Division, Kattapomman Nagar, V.M.Chathiram, Tirunelveli.

2.The Tamil Nadu State Transport Corporation (Tirunelveli) Limited, Rep. by its General Manager, Nagercoil Region, Ranithottam, Nagercoil.

3.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, to issue 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 (30.06.2023) to till the date of reimbursement (16.04.2025) of amount paid towards the petitioner's terminal and pension benefits namely, EPF Employee's Contribution, Gratuity and Encashment of Earned / Sick Leave and other monetary benefits etc., within a time frame as may be fixed by this Court without affecting the petitioner's right to claim balance amounts towards those benefits. 1/4

For Petitioner : Mr.R.Murugan For R1 and R2 : Mr.D.Jebaraj Standing Counsel For R3 : Mr.S.C.Herold Singh Standing Counsel

ORDER

This Writ Petition has been filed seeking a direction to the respondents to pay interest at the rate of 12% per annum, for the period of delay from the petitioner's date of retirement (30.06.2023) to till the date of reimbursement (16.04.2025) of amount paid towards the petitioner's terminal and pension benefits namely, EPF Employee's Contribution, Gratuity and Encashment of Earned / Sick Leave and other monetary benefits etc., without affecting the petitioner's right to claim balance amounts towards those benefits.

2. The petitioner was appointed as Junior Engineer in the respondent Corporation on 07.12.1987 and he retired from service on 30.06.2023. 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 2/4

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.Murugan vs. 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.

Sd/- 06/06/2025 (*)Corrected as per order of this Court dated 25/08/2025 made in WP(MD)No. 15292 of 2025 Sd/- Assistant Registrar (CO) // True Copy // / /2025 Sub Assistant Registrar(CS) 3/4

smn2 To:- (*)To be substituted the order which already despatched on 24/06/2025

1. The Managing Director, (*) Tamil Nadu State Transport Corporation (Tirunelveli) Limited, Tirunelveli Division, Kattapomman Nagar, V.M.Chathiram, Tirunelveli.

2.The General Manager, The Tamil Nadu State Transport Corporation (Tirunelveli) Limited, Nagercoil Region, Ranithottam, Nagercoil.

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

+1 CC to M/s.R.MURUGAN, Advocate ( SR-32335[F] dated 06/06/2025 ) +1 CC to M/s.D.JEBARAJ, Advocate ( SR-32348[F] dated 06/06/2025 ) +1 CC to M/s.S.C.HEROLD SINGH, Advocate ( SR-32900[F] dated 10/06/2025 ) 06.06.2025 SB/17.06.2025 4P/ 7 C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 TS (26/08/2025) 4P/7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17.07.2023.

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