R.Harikumar v. The Tamil Nadu State Transport Corporation (Tirunelveli) Ltd.

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 16.06.2025

CORAM:

THE HONOURABLE MR.JUSTICE VIVEK KUMAR SINGH W.P.(MD) No.15720 of 2025 C.Yesudanam : Petitioner Vs.

1. The Management of Tamil Nadu State Express Transport Corporation Ltd., Rep by its Managing Director, Pallavan Salai, Chennai - 2.

2. The Administrator, Tamil Nadu Stat Transport Employees' Pension Fund Trust, Thiruvalluvarillam, Anna Salai, Chennai - 2.

: Respondents P RAYER:

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 percent 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 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.

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For Petitioner : Mr.R.Murugan For Respondents : Mr.D.Jebaraj (R1) Mr.S.C.Herold Singh (R2)

ORDER

This writ petition has been filed seeking a writ of mandamus directing the respondents to pay interest at the rate of 12 percent 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 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.

2. Heard the learned counsel for the petitioner and the learned Standing Counsel, appearing on behalf of the respondents. By consent of both parties, the writ petition is taken up for final disposal at the admission stage itself.

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3. The petitioner was appointed as a Tradesman in the respondent Corporation on 01.06.1986 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.

4. 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.

5. 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.

6. Accordingly, by following the order stated supra, this writ petition is allowed with the following direction: 3/6

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. No costs.

16.06.2025 Index : Yes / No NCC : Yes / No Sm 4/6

To

1. The Management of Tamil Nadu State Express Transport Corporation Ltd., Rep by its Managing Director, Pallavan Salai, Chennai - 2.

2. The Administrator, Tamil Nadu Stat Transport Employees' Pension Fund Trust, Thiruvalluvarillam, Anna Salai, Chennai - 2.

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VIVEK KUMAR SINGH, J.

Sm W.P.(MD) No.15720 of 2025 16.06.2025 6/6