Dhandapani .A v. The Managing Director

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 02.07.2024

CORAM

THE HONOURABLE MS.JUSTICE R.N.MANJULA A.Dhandapani ... Petitioner Vs.

1.The Managing Director, Tamil Nadu State Transport Corporation, Periya Milaguparrai, Trichy Region, Corporate Office, Trichy - 620 001.

2.The Administrator, Tamil Nadu State Transport Corporation Pension Fund Trust, Thiruvalluvar Illam, Pallavan Salai, Chennai - 600 002.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of 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, Commuted value of pension and leave salary for the period from 30.04.2018 to 23.09.2019 within the time limit that may be fixed by this Court.

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For Petitioner : Mr.S.Sarvagan Prabhu For R-1 : Mr.K.Jagadees Balan Standing Counsel For R-2 : Mr.S.C.Herold Singh

O R D E R

Heard Mr.S.Sarvagan Prabhu, learned counsel for the petitioner, Mr.K.Jagadees Balan, learned Standing Counsel for the 1st respondent and Mr.S.C.Herold Singh, learned counsel for the 2nd respondent.

2. The petitioner has filed this petition for issuance of Writ of Mandamus, seeking direction against 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, Commuted value of pension and leave salary for the period from 30.04.2018 to 23.09.2019.

3. By consent of both the parties, this Writ Petition is taken up for final disposal at the admission stage itself. 2/5

4. The petitioner was appointed as TE Level-5 in the first respondent Corporation from 13.10.1984 and he was retired from service on 30.04.2018, on attaining the age of superannuation.

5. It is admitted that the petitioner's terminal benefits were not settled immediately but only belatedly that is on 23.09.2019. The only question that arises for consideration is with regard to the rate of interest payable on the belated settlement.

6. The issue raised in this writ petition was already decided by this Court vide order, dated 07.03.2023 in W.P(MD)No.4866 of 2023 (C.Murugan Vs. The Tamil Nadu State Transport Corporation (Tirunelveli) Ltd., & Another).

7. Therefore, this Court directs the respondent management to pay interest at the rate of 6% per annum for belated settlement of petitioner's terminal benefits within a period of eight weeks from the date of receipt of a copy of this order.

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8. In view of the above stated reasons, this Writ Petition is disposed of. No costs.

02.07.2024 NCC:yes/no Index:yes/no Internet:yes/no Nsr To:

1.The Managing Director, Tamil Nadu State Transport Corporation, Periya Milaguparrai, Trichy Region, Corporate Office, Trichy - 620 001.

2.The Administrator, Tamil Nadu State Transport Corporation Pension Fund Trust, Thiruvalluvar Illam, Pallavan Salai, Chennai - 600 002.

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R.N.MANJULA, J.

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