N.Selvaraj v. The Tamil Nadu State Transport Corporation (Tirunelveli) Ltd.,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 13.07.2023
CORAM
THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI W.P.(MD)No.16897 of 2023 N.Selvaraj ... Petitioner Vs.
1.The Tamil Nadu State Transport Corporation (Tirunelveli) Ltd., Represented by its Managing Director, Tirunelveli Division, Kattabomman Nagar, V.M.Chathiram, Tirunelveli.
2.The Tamil Nadu State Transport Corporation (Tirunelveli) Ltd., Represented by its General Manager, Nagercoil Region, Ranithotam, Nagercoil.
3.The Administrator, Tamil Nadu State Transport Enployee's Pension Fund Trust, Thiruvalluvar Illam, Anna Salai, Chennai-2.
... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondents to pay interest at the rate of 12% per annum, for the period of delay from the 1/5
petitioner's date of retirement (31.05.2022) to till the date of reimbursement (31.05.2023) of amount paid towards the petitioner's terminal and pension benefits namely EPF Employees Contribution, Gratuity and Encashment of Earned /Sick Leaves, Commuted value of pension and other monetary benefits etc, within a time frame as may be fixed by this Court, without affecting the petitioners right to claim balance amounts towards those benefits. For Petitioner : Mr.R.Murugan For R1 & R2 : Mr.D.Jebaraj For R3 : Mr.S.C.Herold Singh
ORDER
The present writ petition has been filed seeking direction to the respondents to pay interest at the rate of 12% per annum, for the period of delay from the petitioner's date of retirement (31.05.2022) to till the date of reimbursement (31.05.2023) of amount paid towards the petitioner's terminal and pension benefits namely EPF Employees Contribution, Gratuity and Encashment of Earned /Sick Leaves, Commuted value of pension and other monetary benefits etc, within a time frame as may be fixed by this Court, without affecting the petitioners right to claim balance amounts towards those benefits.
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2. Heard the learned counsel on either side.
3. The petitioner was employed as Conductor in the respondent corporation on 16.11.1995 and he retired from service on 31.05.2022.
4. It is admitted that his terminal benefits were not settled immediately but only belatedly. The only question that arises for consideration is as regards the rate of interest payable on the belated settlement.
5. 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).
6. In view of the above, this Writ Petition is disposed of by directing the respondent management to pay interest at the rate of 6% per annum for belated settlement of petitioner's terminal benefits. This shall be done within a period of twelve (12) weeks from the date of receipt of a copy of this order. No costs. 13.07.2023 NCC : Yes / No Index : Yes / No Internet : Yes/ No gbg 3/5
To 1.The Managing Director, The Tamil Nadu State Transport Corporation (Tirunelveli) Ltd., Tirunelveli Division, Kattabomman Nagar, V.M.Chathiram, Tirunelveli.
2.The General Manager, The Tamil Nadu State Transport Corporation (Tirunelveli) Ltd., Nagercoil Region, Ranithotam, Nagercoil.
3.The Administrator, Tamil Nadu State Transport Enployee's Pension Fund Trust, Thiruvalluvar Illam, Anna Salai, Chennai-2.
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L.VICTORIA GOWRI, J.
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