Jegadish Kumar. G v. The Managing Director

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 19.10.2024

CORAM

THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR G.Jegadish Kumar ... Petitioner Vs.

1.The Managing Director, Tamilnadu State Transport Corporation, Thilikottam, KTC Nagar, Maharajapuram Post, Tirunelveli - 11.

2.The General Manager, Tamilnadu State Transport Corporation, Thilikottam - Nagermandalam, Ranithottam, Nagercoil -01.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondents to disburse the retirement benefits (i.e.Employee Provident Fund, Gratuity, Earn Leave) to the petitioner with 9% interest rate calculated from the date of retirement of the petitioner i.e.31.05.2023, based on the petitioner's representation, dated 10.08.2024.

1/5

For Petitioner : Mr.P.Thirumahilmaran For Respondents : Mr.K.Ramaiah Standing Counsel

O R D E R

The instant writ petition has been filed by a retired Special Grade Conductor of the respondent transport corporation seeking Mandamus to disburse the retirement benefits along with interest.

2. According to the learned counsel for the petitioner, the petitioner has attained superannuation on 31.05.2023 and so far retirement benefits has not been disbursed.

3. The learned Standing Counsel for the respondents submitted that due to non-availability of funds, terminal benefits has been released to those employees, who have retired in November 2022. Therefore, the entire terminal benefits could be released only after a period of 6 months. He further submitted that total Employees Provident Fund amount would be around Rs.18,00,000/-. 2/5

4. It is the duty of the respondent transport corporation to release the Employees Provident Fund amount at the earliest. Therefore, this Court is inclined to pass the following order:

(a) A sum of Rs.9,00,000/- under the head of Employees Provident Fund amount shall be released by the respondents transport corporation on or before 30.10.2024.

(b) The balance Employees Provident Fund shall be released by the respondents transport corporation on or before 28.11.2024. (c) The other terminal benefits shall be released by the respondents transport corporation on or before 30.04.2025.

5. With the said observations, the writ petition stands disposed of. No costs.

19.10.2024 NCC:yes/no Index:yes/no Internet:yes/no SN 3/5

To:

1.The Managing Director, Tamilnadu State Transport Corporation, Thilikottam, KTC Nagar, Maharajapuram Post, Tirunelveli - 11.

2.The General Manager, Tamilnadu State Transport Corporation, Thilikottam - Nagermandalam, Ranithottam, Nagercoil -01.

4/5

R.VIJAYAKUMAR, J.

SN 19.10.2024 5/5