S.Anbu v. The Management Of

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 28.07.2023

CORAM

THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI S.Anbu ... Petitioner Vs.

1.The Management of Tamil Nadu State Transport Corporation (Kumbakonam) Limited, Pudukottai Region, Represented by its Managing Director, Pudukottai.

2.The Administrator, Tamil Nadu State Transport Employees'

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 the petitioner's interest at the rate of 6% per annum, in paying his terminal/pension benefits for the periods of delay from 01.03.2021 to 30.11.2022 in paying the amounts paid towards Gratuity, Encashment of Leaves and Commutated Value of Pension and from 01.03.2021 to 20.01.2023 in paying the amount paid towards EPF Employee's Contribution, within a time 1/5

frame as may be fixed by this Court and without affecting his right to claim balance amounts towards those benefits.

For Petitioner : Mr.S.Arunachalam For R-1 : Mr.K.Ramaiah Standing Counsel For R-2 : Mr.S.C.Herold Singh

ORDER

The present writ petition has been filed seeking direction to the respondents to pay the petitioner's interest at the rate of 6% per annum, in paying his terminal/pension benefits for the periods of delay from 01.03.2021 to 30.11.2022 in paying the amounts paid towards Gratuity, Encashment of Leaves and Commutated Value of Pension and from 01.03.2021 to 20.01.2023 in paying the amount paid towards EPF Employee's Contribution, within a time frame as may be fixed by this Court and without affecting his right to claim balance amounts towards those benefits.

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

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3. The petitioner was employed as Conductor by the respondent Corporation on 30.10.1986. He retired from service on 28.02.2021.

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 stands allowed by directing the respondent Corporation 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. There shall be no order as to costs.

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NCC : Yes / No Index : Yes / No Internet : Yes BTR To 1.The Managing Director, The Management of Tamil Nadu State Transport Corporation (Kumbakonam) Limited, Pudukottai Region, Pudukottai.

2.The Administrator, Tamil Nadu State Transport Employees'

Pension Fund Trust, Thiruvalluvar Illam, Anna Salai, Chennai-2.

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L.VICTORIA GOWRI, J.

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