Dharmarajan.R v. The Management Of

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 02.08.2023

CORAM

THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI W.P(MD).No.18677 of 2023 R.Dharmarajan

...Petitioner

Vs.

1. The Management of Tamil Nadu State Transport Corporation (Thirunelveli) Ltd., Rep. by its Managing Director, Pallavan Salai, Chennai -2.

2.The Administrator, Tamil Nadu State Transport Employee'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 respondent to pay the petitioner interest at the rate of 18% per annum, for the period of delay from 01.06.2018 to 19.06.2018 and from 01.06.2018 to 19.07.2018 in the amount paid in parts towards his EPF Employees Contribution 1/5

amount and for the period of delay from 01.06.2018 to 21.09.2019 in paying the amount towards his gratuity, Encashment of Earned leave and commuted value of pension within a time frame as may be fixed by this Court.

For Petitioner : Mr.s. Arunachalam For respondent No.1 : Mr.K.Senthil Kumar Standing Counsel For respondent No.2 : Mr.S.C. Herold Singh Standing Counsel

ORDER

The present writ petition has been filed seeking direction to the respondents to pay the petitioner interest at the rate of 18% per annum, for the period of delay from 01.06.2018 to 19.06.2018 and from 01.06.2018 to 19.07.2018 in the amount paid in parts towards his EPF Employees Contribution amount and for the period of delay from 01.06.2018 to 21.09.2019 in paying the amount towards his gratuity, Encashment of Earned leave and commuted value of pension within a time frame to be filed by this Court.

2. By consent of both parties, this Writ Petition is taken up for final 2/5

disposal at the stage of admission itself.

3. The petitioner was employed as Conductor by the respondent Corporation on 01.09.1986. He retired from service on 31.05.2018.

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 disposed 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 3/5

copy of this order. There shall be no order as to costs. 02.08.2023 Index : Yes / No Internet : Yes/ No trp To

1. The General Manager, The Management of Tamil Nadu State Transport Corporation (Thirunelveli) Ltd., Thirunelveli Region, Thirunelveli.

2. The Administrator, Tamil Nadu State Transport Employee's Pension Fund Trust, Thiruvalluvar Illam, Anna Salai, Chennai -2.

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