Subramanian. M v. The General Manager

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 09.07.2024

CORAM

THE HONOURABLE MS.JUSTICE R.N.MANJULA M.Subramanian

...Petitioner

Vs 1.The General Manager, Tamil Nadu State Transport Corporation (Madurai) Limited, Dindigul Region, Dindigul.

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

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying this Court to issue a Writ of Mandamus, directing the respondent to settle the petitioner's retirement benefits of Earned Leave wages payable to him with 6% interest within the time that may be stipulated by this Court.

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For Petitioner : Mr.G.M.Xavier For R-1 : Mr.K.Ramiah For R-2 : Mr.S.C.Herold Singh

O R D E R

Heard Mr.G.M.Xavier, learned counsel for the petitioner, Mr.K.Ramiah, learned counsel for the 1st respondent and Mr.S.C.Herold Singh, learned counsel for the 2nd respondent.

2. This Writ Petition has been filed for issuance of Writ of Mandamus, seeking direction against the respondents to settle the petitioner's retirement benefits of Earned Leave wages along with 6% interest.

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

4. The petitioner was employed as a Helper in the respondent Corporation on 15.10.1986 and thereafter he was promoted as Foreman. 2/5

After completion of 36 years of service, while working in the R.C. Unit of the respondent Corporation, he retired from service on 31.07.2022.

5. It is admitted that the petitioner's retirement benefits of commutation of pension were not settled to him at the time of his retirement. 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 settle the petitioner's retirement benefits of commutation of pension along with interest at the rate of 6% per annum for belated settlement to the petitioner, within a period of six weeks from the date of receipt of a copy of this order.

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8. In view of the above, this Writ Petition is allowed. No costs. 09.07.2024 NCC:yes/no Index:yes/no Internet:yes/no Nsr To:

1.The General Manager, Tamil Nadu State Transport Corporation (Madurai) Limited, Dindigul Region, Dindigul.

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

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R.N.MANJULA, J.

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