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Madras High CourtWP(MD)/30208/2024disposed of

S.Sundar (Edp No.T2c8800071) v. The Tamil Nadu State Transport Corporation (Tirunelveli )Ltd

2024-12-13Honourable Mr Justice R.Vijayakumar5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 13.12.2024

CORAM:

THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR W.P(MD)No.30208 of 2024 S.Sundar ... Petitioner Vs.

1. The Tamil Nadu State Transport Corporation (Tirunelveli) Limited, Represented by its Managing Director, Tirunelveli Division, Kattapomman Nagar, V.M.Chathiram, Tirunelveli.

2. The Tamil Nadu State Transport Corporation (Tirunelveli) Limited, Represented by its General Manager, Nagergoil Region, Ranithottam, Nagercoil.

3. The Administrator, Tamil Nadu State Transport Corporation, Employees' Pension Fund Trust, Thiruvalluvar Illam, Anna Salai, Chennai - 2.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondents to pay interest at the rate of 12% per annum, for the period of delay from the 1/5

petitioner's date of voluntary retirement (28.02.2023) to till the date of reimbursement (30.10.2024 and 01.11.2024) of amount paid towards the petitioner's terminal and pension benefits namely EPF Employee's Contribution, Gratuity and Encashment of Earned/Sick Leave and other monetary benefits etc., within a time frame as may be fixed by this Court, without affection the petitioner's right to claim balance amounts towards those benefits.

For Petitioner : Mr.S.Vashik Ali For R1 and R2 : Mr.D.Jebaraj Standing Counsel For R3 : Mr.S.C.Herold Singh Standing Counsel

O R D E R

The present Writ Petition has been filed by a Special Grade Conductor of the respondent Transport Corporation, who applied for voluntary retirement on 28.02.2023, seeking a Mandamus for payment of interest due to the belated disbursement of terminal benefits.

2. The petitioner had voluntary retired from service on 28.02.2023 and his terminal benefits were released on 30.10.2024. Seeking interest for 2/5

belated disbursement of terminal benefits, the petitioner has sent a representation on 02.12.2024 and the same has also been received by the authorities. Since there is no response, the present writ petition has been filed.

3. Heard the learned counsel appearing for the petitioner and the learned Standing Counsel appearing for the respondents.

4. Considering the above said facts, the respondents herein are directed to pay the interest at the rate of 6% per annum for the belated disbursement of terminal benefits from the due date till the date of disbursement, within a period of twelve weeks from the date of receipt of a copy of this order.

5. With the above said observations, this Writ Petition stands disposed of. There shall be no order as to costs.

13.12.2024 NCC : Yes/No 1/2 Index : Yes / No Internet : Yes / No ebsi 3/5

To

1. The Managing Director, Tamil Nadu State Transport Corporation (Tirunelveli) Limited, Tirunelveli Division, Kattapomman Nagar, V.M.Chathiram, Tirunelveli.

2. The General Manager, Tamil Nadu State Transport Corporation (Tirunelveli) Limited, Nagergoil Region, Ranithottam, Nagercoil.

3. The Administrator, Tamil Nadu State Transport Corporation Employees' Pension Fund Trust, Thiruvalluvar Illam, Anna Salai, Chennai - 2.

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R.VIJAYAKUMAR,J.

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