S. Sebastian v. The Tamil Nadu State Transport Corporation (Kumbakonam) Limited

O R D E R This writ petition has been filed seeking a writ of Mandamus directing the respondents to settle interest at the rate of 6% per annum for the belated payment of petitioner's terminal benefits including provident fund, gratuity, terminal leave salary and commuted value of pension from the date of his retirement to the date on which the said benefits were settled to him.

¶2The petitioner was appointed as Driver in the first respondent Corporation on 01.09.1991 and he retired from service on 30.04.2023. The learned counsel for the petitioner submits that the petitioner's terminal benefits was not settled immediately and there is an abnormal delay.

¶3In view of the same, the only issue to be considered in this Writ Petition is with regard to interest payable on the belated settlement. This issue was dealt with by this Court on various occasions and this Court passed orders in several Writ Petitions. In fact, the issue involved in this writ petition is no longer res-integra.

¶4This Court in W.P(MD)No.4866 of 2023 (C.MuruganVs. the Tamil Nadu State Transport Corporation (Tirunelveli) Ltd., and Another) by order dated 07.03.2023 has decided this issue.

¶5Accordingly, by following the order stated supra, this Writ Petition is allowed with the following direction: The respondents shall pay interest to the petitioner at the rate of 6% per annum on the belated payment of the retirement benefits commencing from the date of retirement, till the date of actual disbursement, within a period of three months from the date of receipt of a copy of this order.

¶6No costs.

11.03.2025 NCC:yes/no Index:yes/no Internet:yes/no Sn To:

1.The Managing Director, The Tamil Nadu State Transport Corporation (Kumbakonam) Limited, Kumbakonam.

2.The General Manager, The Tamil Nadu State Transport Corporation (Kumbakonam) Limited, Pudukottai Region, Pudukottai.

3.The Administrator, Tamil Nadu State Transport Corporation Employees Pension Fund Trust, Thiruvalluvar Illam, Pallavan Salai, Chennai – 02. BATTU DEVANAND

, J.

Sn

11.03.2025

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 11.03.2025 CORAM THE HONOURABLE MR.JUSTICE BATTU DEVANAND S.Sebastian ... Petitioner Vs. 1.The Tamil Nadu State Transport Corporation (Kumbakonam) Limited, Represented by its Managing Director, Kumbakonam. 2.The General Manager, The Tamil Nadu State Transport Corporation (Kumbakonam) Limited, Pudukottai Region, Pudukottai. 3.The Administrator, Tamil Nadu State Transport Corporation Employees Pension Fund Trust, Thiruvalluvar Illam, Pallavan Salai, Chennai – 02. ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondents to settle interest at the rate of 6% per annum for the belated payment of petitioner's terminal benefits including provident fund, gratuity, terminal leave salary and commuted value of pension from the date of his retirement i.e., from 30.04.2023 to 12.02.2025, the date on which the said benefits were settled to him. For Petitioner : Mr.A.Rahul For R1 & R2 : Mr.K.Jagadeesh Balan Standing Counsel For R3 : Mr.S.C.Herold Singh Standing Counsel