Sathyamoorthi v. The Administrator

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 20.12.2024

CORAM:

THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR W.P(MD)No.22233 of 2023 Sathyamoorthi ... Petitioner -vs1. The Administrator, TamilNadu State Transport Employees, Pension Fund Trust, Thiruvalluvar Illam, Anna Salai, Chennai.2.

2. The Managing Director, TamilNadu State Transport Corporation (Kumbakonam Limited), Kumbakonam.

3. The General Manager, Tamilnadu State Transport Corporation, (Kumbakonam Limited), Trichy Region, Trichy.

... Respondents 1/4

PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents to pay all the terminal benefits namely EPF Employee's Contribution, Gratuity and Encashment of Leave, Social Security Scheme Benefit and etc., forthwith together with 18% interest per annum, and further directing the respondents to pay the petitioner forthwith pension and commutation of pension, along with arrears of monthly pension from the month of June, 2023 under TNSTCE Pension Fund Rules, together with 18% interest per annum tot eh petitioner. For Petitioner : Mr.D.Anbarasu For Respondent No.1.

: Mr.S.C.Herold Singh Standing Counsel For Respondent Nos.2 & 3 : Mr.K.Jagadeesh Balan Standing Counsel

O R D E R

The instant writ petition has been filed by a retired employee of the respondents transport corporation seeking a mandamus to disburse the terminal benefits along with 6% interest.

2. According to the learned Counsel appearing for the writ petitioner, he was retired from service on 30.06.2023 and he has receiving provisional pension from 01.07.2023. He is receiving full pension from August 2024 onwards. However, the terminal benefits have not been released. 2/4

3. The learned Counsel appearing for the respondent Nos. 2 and 3 had relied upon the counter and contended that due to paucity of funds, the terminal benefits of the employees who retired till March, 2023 were settled. They are expecting funds from the Government for disbursing the terminal benefits of other employees. Therefore, in para.7 of the counter affidavit filed by the Respondent Nos.2 and 3, sought for further time of six months to settle the eligible terminal benefits to the employee along with interest.

4. Considering the above said facts, the respondents are directed to release the entire eligible terminal benefits to the writ petitioner on or before 30.06.2025 along with 6% interest from the due date till the date of disbursement.

5. With the above said observations, this writ petition is disposed of. No costs.

20.12.2024 NCC : Yes/No Index : Yes / No Internet : Yes / No gvn 3/4

R.VIJAYAKUMAR,J.

gvn To

1. The Administrator, TamilNadu State Transport Employees, Pension Fund Trust, Thiruvalluvar Illam, Anna Salai, Chennai.2.

2. The Managing Director, TamilNadu State Transport Corporation (Kumbakonam Limited), Kumbakonam.

3. The General Manager, Tamilnadu State Transport Corporation, (Kumbakonam Limited), Trichy Region, Trichy.

W.P(MD)No.22233 of 2023 20.12.2024 4/4