Madras High CourtWP(MD)/17583/2023disposed of

Srinivasan v. The Managing Director

2023-07-21Honourable Mrs Justice L.Victoria Gowri4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.07.2023

CORAM

THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI W.P.(MD)No.17583 of 2023 Srinivasan ... Petitioner Vs.

1.The Managing Director, Tamil Nadu State Transport Corporation (TNSTC) (Madurai) Limited, Bye Pass Road, Madurai-625 016.

2.The Administrator, Tamil Nadu State Transport Corporation (TNSTC) Employee's Pension Fund Trust, Office of the SETC HO, Thiruvalluvar House, 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, direcitng 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 (30.05.2023) of amount paid towards the petitioner's terminal and pension benefits namely EPF Employees Contribution, Gratuity and Encashment of 1/4

Earned / Sick Leave and other monetary benefits etc., within a time frame as may be fixed by this Court.

For Petitioner : Mr.R.Karunanidhi For Respondents : Mr.S.C.Herold Singh Standing Counsel

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 (30.05.2023) of amount paid towards the petitioner's terminal and pension benefits namely EPF Employees Contribution, Gratuity and Encashment of Earned / Sick Leave and other monetary benefits etc., within a time frame as may be fixed by this Court.

2. Heard the learned counsel on either side.

3. The petitioner was joined service on 23.06.1980 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. 2/4

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. 21.07.2023 NCC : Yes / No Index : Yes / No Internet : Yes/ No gbg To 1.The Managing Director, Tamil Nadu State Transport Corporation (TNSTC) (Madurai) Limited, Bye Pass Road, Madurai-625 016.

2.The Administrator, Tamil Nadu State Transport Corporation (TNSTC) Employee's Pension Fund Trust, Office of the SETC HO, Thiruvalluvar House, Pallavan Salai, Chennai-600 002.

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L.VICTORIA GOWRI, J.

gbg W.P.(MD)No.17583 of 2023 21.07.2023 4/4