Selvaraj .M v. The Management Of

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 02.01.2024

CORAM

THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI M.Selvaraj ... Petitioner Vs The Management of Tamilnadu State Transport Corporation (Kumbakonam) Ltd., Trichy Region, Rep.by its General Manager, Trichy.

... Respondent 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 6 percentage per annum, for the period of delay from 01.04.22 to 26.03.23, in paying the amounts paid towards his terminal benefits namely EPF Employee`s Contribution and Gratuity within a time frame as may be fixed by this Court and without affecting his right to claim balance amounts towards those benefits. For Petitioner : Mr.S.Arunachalam For respondent : Mr.K.Jagadeesh Balan Standing Counsel 1/4

ORDER

The present writ petition has been filed seeking a direction to directing the respondent to pay the petitioner interest at the rate of 6 percentage per annum, for the period of delay from 01.04.22 to 26.03.23, in paying the amounts paid towards his terminal benefits namely EPF Employee`s Contribution and Gratuity within a time frame as may be fixed by this Court and without affecting his right to claim balance amounts towards those benefits.

2. By consent of both parties, this Writ Petition is taken up for final disposal at the stage of admission itself.

3. The petitioner was employed as Conductor by the respondent Corporation on 16.10.1987. He retired from service on 31.03.2022.

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 2/4

Vs. The Tamil Nadu State Transport Corporation (Tirunelveli) Ltd., & Another).

6. In view of the above, this Writ Petition stands disposed of by directing the respondent Corporation to pay interest at the rate of 6% per annum for belated settlement of petitioner's terminal benefits namely EPF Employee`s Contribution and Gratuity from 01.04.22 to 26.03.23, without affecting his right to claim balance amounts towards those benefits. This shall be done within a period of twelve (12) weeks from the date of receipt of a copy of this order. There shall be no order as to costs.

02.01.2024 NCC : Yes / No Index : Yes / No Internet : Yes PNM To

1. The General Manager, The Management of Tamilnadu State Transport Corporation (Kumbakonam) Ltd., Trichy Region, Trichy.

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L.VICTORIA GOWRI, J.

PNM ORDER IN 02.01.2024 4/4