A.Titus v. The Management Of

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25.07.2024

CORAM:

THE HONOURABLE MS.JUSTICE R.N.MANJULA W.P.(MD) No.16774 of 2024 A.Titus ... Petitioner Vs.

1.The Management of Tamilnadu State Transport Corporation (Madurai) Ltd., Rep. By its General Manager, Pallavan Salai, Chennai - 2.

2.The Administrator, Tamilnadu State Transport Corporation Employees' Pension Fund Trust, Anna Salai, Chennai - 2.

... Respondents PRAYER: 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 percentage per annum for the period of delay from the petitioners date of retirement 31.01.2021 to till the date of reimbursement 08.12.2022 of amount paid towards the petitioner's terminal and pension benefits namely EPF Employees Contribution Gratuity and encashment of Earned Sick Leave and commutation value 1/4

of pension within a time frame as may be fixed by this Honourable Court without affecting the petitioners right to claim balance amounts towards those benefits.

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

ORDER

The petitioner, who retired from service on 31.01.2021, has filed this writ petition seeking a Writ of Mandamus, directing the respondents to pay 12% interest for the belated payment of terminal benefits.

2. Heard Mr.R.Murugan, learned counsel for the petitioner, Mr.K.Senthilkumar, learned Standing Counsel for the first respondent and Mr.S.C.Herold Singh, learned standing counsel for the second respondent.

3. By consent of both parties, this writ petition is taken up for final disposal at the stage of admission itself. 2/4

4. As per the submission of the learned counsel for the petitioner, his terminal benefits have been settled only on 08.12.2022 with the delay of about two years.

5. Since the petitioner is in no way responsible for the delay caused in disbursing the said benefits, the respondent Transport Corporation shall pay interest to the petitioner for the period of delay between 31.01.2021 and 08.12.2022 at the rate of 6% per annum and disburse the same within a period of six weeks from the date of receipt of a copy of this order.

6. With the above direction, the Writ Petition stands disposed of. No costs.

25.07.2024 Index : Yes / No Internet : Yes / No NCC : Yes / No sm 3/4

R.N.MANJULA , J.

sm To 1.The Management of Tamilnadu State Transport Corporation (Madurai) Ltd., Rep. By its General Manager, Pallavan Salai, Chennai - 2.

2.The Administrator, Tamilnadu State Transport Corporation Employees' Pension Fund Trust, Anna Salai, Chennai - 2.

Order made in W.P.(MD)No.16774 of 2024 25.07.2024 4/4