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2025 DAILYLAW 130686 (MAD)

P.Mony v. The Management of

WP(MD)/9313/2025 · 2025-04-04

Battu Devanand

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

W.P.(MD)No.9313 of 2025 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 04.04.2025 CORAM THE HONOURABLE MR.JUSTICE BATTU DEVANAND W.P.(MD)No.9313 of 2025 P.Mony ... Petitioner Vs. 1. The Management of TamilNadu State Transport Corporation (Thirunelveli) Ltd., Nagercoil Region, Rep. By its General Manager, Nagercoil. 2. The Administrator, TamilNadu State Transport Employees' Pension Fund Trust, Thiruvalluvar Illam, Anna Salai, Chennai-2. ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondents to pay the petitioner interest at the rate of 18% per annum, for the period of delay from 01.05.2023 to 11.02.2025, in paying the amounts paid towards his terminal benefits namely EPF Employee's Contribution, Gratuity, Encashment of Leaves and Commutated Value of Pension within a time frame as may be fixed by this Court. 1/4 https://www.mhc.tn.gov.in/judis W.P.(MD)No.9313 of 2025 For Petitioner : Mr.S.Arunachalam For Respondent No.1 : Mr.D.Jebaraj Standing Counsel For Respondent No.2 : Mr.S.C.Herold Singh Standing Counsel O R D E R This Writ Petition has been filed seeking a writ of mandamus directing the respondents to pay the 18% interest for the belated payment of the petitioner retirement benefits i.e., Provident Fund, Gratuity, E.L Surrender Leave Salary and all other retirement benefits from the date of retirement to the actual date of payment of retirement benefits to the petitioner. 2. The petitioner was appointed as Tradesman in the respondent Corporation 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. 3. In 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. 2/4 https://www.mhc.tn.gov.in/judis W.P.(MD)No.9313 of 2025 4. This 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. 5. Accordingly, by following the order stated supra, this Writ Petition is allowed with the following direction: The respondent 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. 6. No costs. 04.04.2025 2/7 NCC:yes/no Index:yes/no Internet:yes/no gvn 3/4 https://www.mhc.tn.gov.in/judis W.P.(MD)No.9313 of 2025 BATTU DEVANAND , J. gvn To: 1. The Management of TamilNadu State Transport Corporation (Thirunelveli) Ltd., Nagercoil Region, Rep. By its General Manager, Nagercoil. 2. The Administrator, TamilNadu State Transport Employees' Pension Fund Trust, Thiruvalluvar Illam, Anna Salai, Chennai-2. W.P.(MD)No.9313 of 2025 04.04.2025 2/7 4/4 https://www.mhc.tn.gov.in/judis