S.Chockkappan v. The Management Of

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.06.2025

CORAM:

THE HONOURABLE MR.JUSTICE VIVEK KUMAR SINGH W.P.(MD) No.16503 of 2025 S.Chockkappan : Petitioner Vs.

1. The Management Of Tamil Nadu State Transport Corporation (Madurai) Limited, Virudhunagar Region, Rep by its Managing Director, Virudhunagar,

2. The Administrator, Tamil Nadu State Transport Employees' Pension Fund Trust, Thiruvalluvar Illam, 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 the petitioner interest at the rate of 6 percent per annum, for the period of delay from 01.11.18 to 21.09.19 in paying the amounts paid towards the terminal and pension benefits namely EPF Employee's Contribution, Gratuity, Encashment of Earned leaves and Commutated value of pension within a time frame as may be fixed by this Court and without affecting his right to claim balance amounts towards those benefits. 1/6

For Petitioner : Mr.S.Arunachalam For Respondents : Mr.Michael Gladson Rajadurai (R1) Mr.S.C.Herold Singh (R2)

ORDER

This writ petition has been filed seeking a writ of mandamus directing the respondents to pay the petitioner interest at the rate of 6 percent per annum, for the period of delay from 01.11.18 to 21.09.19 in paying the amounts paid towards the terminal and pension benefits namely EPF Employee's Contribution, Gratuity, Encashment of Earned leaves and Commutated value of pension within a time frame as may be fixed by this Court, without affecting his 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.

3. The petitioner was appointed as a Conductor in the respondent Corporation on 17.12.1992 and he retired from service on 31.10.2018. 2/6

The learned counsel for the petitioner submits that the petitioner's terminal benefits were 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: 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, 3/6

within a period of three months from the date of receipt of a copy of this order. No costs.

19.06.2025 Index : Yes / No NCC : Yes / No Sm 4/6

To:-

1. The Management Of Tamil Nadu State Transport Corporation (Madurai) Limited, Virudhunagar Region, Rep by its Managing Director, Virudhunagar,

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

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VIVEK KUMAR SINGH, J.

Sm W.P.(MD) No.16503 of 2025 19.06.2025 6/6