Subburaj M v. The Managing Director

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.12.2023

CORAM

THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR M.Subburaj ... Petitioner vs.

1.The Managing Director, Tamil Nadu State Transport Corporation (Madurai) Ltd., Byepass Road, Madurai - 16.

2.The General Manager, Tamil Nadu State Transport Corporation (Madurai) Ltd., Virudhunagar Region, Virudhunagar.

3.The Administrator, Tamil Nadu State Transport Corporation Employees Pension Fund Trust, Thiruvalluvar Illam, Pallavan Salai, Chennai - 02. 4.The Secretary to Government, Transport Department, Fort St.George, Secretariat, Chennai.

... Respondents (R4 was suo motu impleaded vide order of this Court, dated 16.11.2023) PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondents to settle the entire retirement benefits such as Gratuity, Provident Fund, Employees Retirement scheme Benefits Scheme and Leave salary along 1/4

with belated payment interest at the rate of 6% p.a. on the delayed payment of Retirement benefits from the date of retirement on 30.06.2023 till the date of settlement.

For Petitioner :Mr.S.Govindan For R1 and R2 :Mr.Gladson Michel Rajadurai For R3 :Mr.S.C.Herold Singh For R4 :Mr.S.Shaji Bino Special Government Pleader *****

O R D E R

The present Writ Petition has been filed by a Special Grade Conductor of the respondent Transport Corporation, who attained superannuation on 30.06.2023 seeking a Mandamus as against the authorities for releasing the terminal benefits. 2.According to the learned Counsel for the petitioner, though the petitioner had retired on 30.06.2023, none of the terminal benefits have been released sofar.

3.The learned Standing Counsel appearing for the respondent Corporation contended that due to paucity of funds, only the terminal benefits of the employees, who had retired before November 2022 have 2/4

been disbursed and other employees are standing in the queue for getting their retirement benefits.

4.Considering the aforesaid facts, this Court is inclined to pass the following order:

4.1.The first and second respondents are directed to release the gratuity amount of Rs.13,20,600/- on or before 31.03.2024. The balance terminal benefits shall be released to the petitioner on or before 30.06.2024. In case of any default in complying with the order, the outstanding amount will carry 6% interest.

5.With the aforesaid directions, this Writ Petition is allowed to the extent as stated above. No costs.

Index :Yes / No 21.12.2023 Internet :Yes / No NCC :Yes / No cmr To The Secretary to Government, Transport Department, Fort. St. George, Secretariat, Chennai.

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R.VIJAYAKUMAR, J.

cmr 21.12.2023 4/4