P. Wilson v. The Management

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 22.10.2024

CORAM:

THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR W.P(MD)No.23800 of 2024 P.Wilson ... Petitioner vs The Management of TamilNadu State Express Transport Corporation Ltd., Rep. by its General Manager, Pallavan Salai, Chennai-2.

... Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, to issue a writ of Mandamus, directing the respondents to pay the petitioner Rs.16,02,260/- towards Gratuity, Rs.10,79,228/- towards EPF Employee's Contribution Rs.5,95,315/- towards Encashment of Earned/Leaves and other retirement benefits together with 18% interest per annum, within a time frame as may be fixed by this Hon'ble Court.

For Petitioner : Mr.S.Vashik Ali For Respondent : Mr.K.Senthilkumar Standing Counsel 1/6

O R D E R

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

2. The petitioner has attained his age of superannuation on 31.03.2023, so far terminal benefits has not been released. Hence, the present writ petition has been filed.

3. The learned Standing Counsel appearing for the respondent Transport Corporation submits that due to paucity of funds, only to those employees who have retired upto November-2022, the terminal benefits have been released. So far the terminal benefits have not been released to others, who have retired after November -2022.

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4. Therefore, this Court is of the considered opinion that the respondents transport corporation cannot with hold the terminal benefits by citing paucity of funds. At least, the provident fund amount should be released.

5. In view of the above said facts, this Court made the following order: i) The respondents Transport Corporation is directed to release 50% of provident fund amount on or before 31.12.2024. ii) The balance provident fund amount shall be released on or before 28.02.2025.

iii) The other terminal benefits shall be released on or before 30.06.2025.

iv) All the benefits shall be released along with 6% of interest from the due date till the date of realization.

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6. With the above said observation, this writ petition is disposed of. No costs.

22.10.2024 (2/2) NCC : Yes/No Index : Yes / No Internet : Yes / No gvn 4/6

To The Management of TamilNadu State Express Transport Corporation Ltd., Rep. by its General Manager, Pallavan Salai, Chennai-2.

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R.VIJAYAKUMAR,J.

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