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Madras High CourtWP(MD)/20678/2022allowed

Rajan.A v. The Management Of

2022-11-22Honourable Mr Justice G.R.Swaminathan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 22.11.2022

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN A.Rajan ... Petitioner Vs 1.The Management of Tamil Nadu State Express Transport Corporation Limited, Represented by The General Manager, Pallavan Salai, Chennai - 2.

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 to issue a Writ of Mandamus, directing the respondents to pay the petitioner Rs.9,60,458/- towards Gratuity, Rs.2,26,601/- towards EPF Employees Contribution, Rs.45,282/- and Rs.26,426/- towards Encashment of Earned/Sick Leaves and Rs.7,86,910/- towards commutated value of pension and other retirement benefits together with 18 percentage interest per annum within a time frame fixed by this Court.

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For Petitioner : Mr.R.Murugan For Respondents : Mr.S.C.Herold Singh

ORDER

Heard the learned counsel on either side.

2. The writ petitioner was employed in the respondent Corporation. He voluntarily retired from service on 30.04.2021. The grievance of the petitioner is that he has not been paid the terminal benefits. The respondents argued that due to liquidity crunch and financial difficulties the Corporation is unable to settle the petitioner's dues. The stand taken by the respondents cannot be accepted. The respondents are directed to pay the petitioner's terminal benefits with interest at the rate of 6% per annum. This disbursement shall be made within a period of twelve weeks from the date of receipt of a copy of this order. This writ petition is allowed on these terms. No costs. 22.11.2022 Index : Yes / No Internet : Yes/ No mga 2/4

To 1.The Management of Tamil Nadu State Express Transport Corporation Limited, Represented by The General Manager, Pallavan Salai, Chennai - 2.

2.The Administrator, Tamil Nadu State Transport Employees'

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

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G.R.SWAMINATHAN, J.

mga 22.11.2022 4/4